November 23, 2017

Archives for September 29, 2016

Rule Change 2016(10) Regarding Public Access to Records Released

On September 22, 2016, the Colorado Supreme Court adopted Rule Change 2016(10), amending the rules regarding public access to information and records. The changes affect Rule 2, “Public Access to Administrative Records of the Judicial Branch.” A redline of the changes is available here.

The changes are relatively minor, including adding a designation of custodian of records for the Office of Respondent Parents’ Counsel and adding a reference to the Office of Respondent Parents’ Counsel in the definition of “judicial branch.” An error in the numbering of subsections was corrected in Section 3 of the rule. Sections 4 and 5 of Rule 2 and Rules 1 and 3 were unchanged.

Colorado Supreme Court: Developer’s Recordation of Covenants and Plat Did Not Create Common Interest Community

The Colorado Supreme Court issued its opinion in Pulte Home Corp. v. Countryside Community Association, Inc. on Monday, September 28, 2016.

Colorado Common Interest Ownership Act—Creation, Alteration, and Termination of Common Interest Communities—Management of the Common Interest Community.

The Supreme Court addressed when and how common interest communities are 16 formed under the Colorado Common Interest Ownership Act, CRS §§ 38-33.3-101 to -402. In particular, the Court analyzed whether the declarant developer was liable for past-due assessments for maintenance of the developer’s unsold properties and related common elements. The Court concluded that, on the facts presented, the developer’s recordation of the covenants and plat did not create a common interest community. Rather, the community was created when the developer first subjected property to the covenants, and the remaining property could not become part of the community until the developer added it in accordance with certain prescribed steps. The developer’s property was therefore not part of the community and was not subject to assessments. The Court also concluded that the homeowners association had no remedy for unjust enrichment because its covenants fully allocated responsibility for assessment costs.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Colorado Speeding Statute Creates Mandatory Rebuttable Presumption

The Colorado Supreme Court issued its opinion in People v. Hoskin on Monday, September 26, 2016.

Statutory Interpretation—Due Process—Traffic Infraction—Sufficiency of the Evidence.

A county court judge found that Hoskin committed a traffic infraction in violation of Colorado’s speeding statute, C.R.S. § 42-2-1101. The district court reversed and held that the county court judge had impermissibly shifted the burden of proof to Hoskin by requiring him to prove that his speed was reasonable and prudent under the circumstances after the People presented evidence that Hoskin was driving in excess of the posted speed limit. The supreme court reversed the district court’s judgment, holding that the plain language of Colorado’s speeding statute creates a mandatory rebuttable presumption. Specifically, if the People prove that Hoskin was driving in excess of the posted speed limit, the burden of proof going forward shifts to Hoskin to prove that his speed was reasonable and prudent under the circumstances. The court further held that the speeding statute’s mandatory rebuttable presumption does not violate due process. Finally, the court concluded that there was sufficient evidence in the record to support the county court’s judgment against Hoskin for speeding.

Summary provided courtesy of The Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 9/28/2016

On Wednesday, September 28, 2016, the Tenth Circuit Court of Appeals issued no published opinion and six unpublished opinions.

Wilson v. Jones

Vreeland v. Coffman

Marie v. Moser

United States v. Burciaga

United States v. McGirr

Twobabies v. Patton

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