July 20, 2017

Archives for July 20, 2016

Colorado Court of Appeals: Proposed Development Plan Need Not Include Outdoor Gathering Space

The Colorado Court of Appeals issued its opinion in Rangeview, LLC v. City of Aurora on Thursday, July 14, 2016.

Rezoning of Property—Site Plan—Standards—Abuse of Discretion.

BFR’s application to rezone its parcel of property (the property) was granted. Rangeview LLC owns Rangeview Estates, which borders the property to the west, and Eades and Sellery each own property in the neighborhoods surrounding the property. Rangeview, Eades, and Sellery (collectively, Rangeview) filed the underlying action against the City of Aurora, claiming that the Aurora City Council exceeded its jurisdiction in granting BFR’s application to rezone the property. The district court affirmed the City Council’s decision.

On appeal, Rangeview argued that City Council abused its discretion by approving the site plan because the plan did not include an outdoor gathering space as mandated by the Aurora Municipal Code’s (Code) sustainable infill redevelopment (SIR) zoning district design standards. The Code defaults to the terms of the SIR handbook, which states that projects “should” provide a public space. Therefore, although a public space is desirable, it is not required. Because City Council’s approval was supported by competent evidence, it did not abuse its discretion.

Rangeview also argued that City Council abused its discretion in rezoning the property to an SIR district when the property does not meet the requirements of an “infill development parcel,” the proportions of which are defined in the Code. Because the Code language’s ordinary meaning does not reference any requirement related to the proportions of developed boundaries, the City Council did not abuse its discretion by approving the rezoning request even though the property would not meet the definition of an “infill development parcel.”

The judgment was affirmed.

Summary provided courtesy of The Colorado Lawyer.

Colorado Court of Appeals: Proof of Mailing of License Revocation Notice Insufficient to Prove Knowledge in Criminal Proceeding

The Colorado Court of Appeals issued its opinion in People v. Boulden on Thursday, July 14, 2016.

Knowledge Element ofDriving Under Restraint.

Defendant’s driver’s license had been suspended for seven months when he was pulled over. He was convicted of driving under restraint.

On appeal, defendant contended that there was insufficient evidence to support his conviction. Knowledge is an essential element of the crime of driving under restraint. The prosecution admitted into evidence a certified copy of defendant’s driving history, which showed that notice of defendant’s driver’s license suspension had been mailed to him. Mere proof of mailing, however, is not sufficient in a criminal case to prove beyond a reasonable doubt a defendant’s knowledge of restraint of his driver’s privilege. Accordingly, no reasonable jury could have found that the prosecution proved the knowledge element of driving under restraint. Defendant’s conviction and sentence for driving under restraint were vacated, and the trial court was directed on remand to enter a judgment of acquittal.

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 7/19/2016

On Tuesday, July 19, 2016, the Tenth Circuit Court of Appeals issued five published opinions and six unpublished opinions.

Gosselin v. Kaufman

Jones v. Midland Funding

Hollis v. Aerotek, Inc.

United States v. Dishmon

Sanchez v. Crocs, Inc.

Glenn v. McCollum

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.

Tenth Circuit: Unpublished Opinions, 7/18/2016

On Monday, July 18, 2016, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

United States v. Winberg

Ring v. Lightle

Proch v. U.S. Bureau of Prisons

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.