December 12, 2017

Hon. Katherine T. Sullivan to Retire from Eagle County Court

On Friday, November 17, 2017, the Colorado State Judicial Branch announced that Hon. Katherine T. Sullivan will retire from the Eagle County Court, effective January 1, 2018.

Judge Sullivan was appointed to the Eagle County Court in September 2006. Prior to her appointment, Judge Sullivan was an Assistant Attorney General in the State of New York, a Deputy District Attorney in the 9th Judicial District in Colorado and an attorney in private practice. Judge Sullivan believes community involvement is important, and has participated in drug and DUI courts, the Hispanic Academy, and as a high school mock trial judge. She received her undergraduate degree from Syracuse University and her law degree from the George Washington University School of Law.

Applications are now being accepted for the upcoming vacancy. Eligible applicants must be qualified electors of Eagle County and must have been admitted to practice law in Colorado for five years. Applications are available from the State Judicial website or from Justice William W. Hood, III, the ex officio chair of the Fifth Judicial District Nominating Commission. Applications must be received no later than 4 p.m. on December 8, 2017; anyone wishing to nominate another must do so by 4 p.m. on December 1.

For more information about the vacancy, click here.

Colorado Court of Appeals: Complaint Timely Filed in ICCES Despite Selection of Wrong District Court

The Colorado Court of Appeals issued its opinion in Maslak v. Town of Vail on Thursday, January 15, 2015.

CRCP 106(a)(4)—Complaint—E-filing—Lack of Subject Matter Jurisdiction.

The Town of Vail (Town) and the Vail Recreation District (VRD) submitted an application to the Planning Commission to amend the Vail Golf Course’s conditional use permit so the golf course could be expanded to accommodate an events center. Over the objections of plaintiffs (collectively, homeowners), the Planning Commission approved the application. The homeowners appealed the Planning Commission’s decision to the Town Council, which upheld the decision. The homeowners then filed a CRCP 106(a)(4) complaint, seeking review of the Town Council’s decision. Although the complaint was timely filed, it was inadvertently e-filed in Denver District Court, the wrong district court. The complaint was thereafter e-filed in the Eagle County District Court, the correct district court, but by then it was not timely. The court granted defendants’ motions to dismiss for lack of subject matter jurisdiction and awarded defendants their attorney fees.

On appeal, the homeowners contended that, because their complaint was timely filed (albeit in the wrong court), the Eagle County District Court erred in dismissing it for lack of subject matter jurisdiction. The Court of Appeals agreed. The fact that the homeowners e-filed their complaint with the Denver District Court did not deprive the Eagle County District Court of its subject matter jurisdiction over the action. Furthermore, submitting the complaint to the “correct court” pursuant to the Denver District Court Clerk’s e-filing rejection notice instructions, did not constitute the filing of an entirely new and separate action for purposes of invoking district court jurisdiction within the twenty-eight-day jurisdictional window. The orders were vacated and the case was remanded with directions.

Summary and full case available here, courtesy of The Colorado Lawyer.