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Colorado Court of Appeals: Town’s Fees Regarding Oil and Gas Wells Clearly Prohibited by Statute

May 15, 2013 by Leave a Comment

The Colorado Court of Appeals issued its opinion in Town of Milliken v. Kerr-McGee Oil & Gas LP on Thursday, May 9, 2013.

Oil and Gas Well Safety and Security Inspection Fees—CRS § 34-60-106(15).

The Town of Milliken (Town) appealed the trial court’s summary judgment in favor of Kerr-McGee Oil & Gas Onshore LP (Kerr-McGee). The judgment was affirmed.

In 1983, the Town enacted a series of ordinances that imposed fees on oil and gas wells within its boundaries. In 1996, the General Assembly amended existing state oil and gas law by enacting House Bill 96-1045. As relevant here, the new legislation, codified in part at CRS § 34-60-106(15), states:

No local government may charge a tax or fee to conduct inspections or monitoring of oil and gas operations with regard to matters that are subject to rule, regulation, order, or permit condition administered by the [Oil and Gas Conservation] [C]ommission. Nothing in this subsection (15) shall affect the ability of a local government to charge a reasonable and nondiscriminatory fee for inspection and monitoring for road damage and compliance with local fire codes, land use permit conditions, and local building codes.

In 2003, the Town enacted another ordinance concerning oil and gas wells that authorized the Town to inspect wells, equipment, and structures to determine compliance with the land use code, the Town fire code, the Town building code, and all other Town health or safety standards. The Town imposed an annual $400 inspection fee for each well within its boundaries that had not been plugged or abandoned. It was undisputed that the Town has never conducted the inspections described. In 2008, the Town enacted an ordinance imposing an annual $400 security inspection fee on each active oil and gas well within its boundaries. The fee was intended to offset the costs incurred by the Town’s police department for additional security checks that the well sites require. It was undisputed that the Town’s police conducted such checks on a regular basis before 2003. In 2010, the Town repealed and replaced the portion of the land use code containing both of the above provisions and replaced it with a provision authorizing inspections of wells and an annual $400 security fee on active oil and gas wells within the Town’s boundaries.

In 2010, the Town sued Kerr-McGee and others seeking to collect the security fees from 2003 onward. Kerr-McGee moved for summary judgment, which was granted in its favor. The district court held that the Town lacked the statutory authority to impose the fees. The Town appealed.

The Court or Appeals found it patently clear that oil and gas well safety and security are matters subject to rule, regulation, order, or permit condition administered by the Oil and Gas Conservation Commission. Thus, the Town’s fees under all of the ordinances above are clearly prohibited. The summary judgment was affirmed.

Summary and full case available here.

Filed Under: Case Law Tagged With: , , , , , ,

Colorado Court of Appeals: Trial Court Erred in Awarding State Farm Costs and Fees as Prevailing Party Based on Purely Procedural Victory on Class Certification

April 16, 2012 by Leave a Comment

The Colorado Court of Appeals issued its opinion in Reyher v. State Farm Mut. Automobile Ins. Co. on April 12, 2012.

Jurisdiction—Final Order—Class Action—Prevailing Party—Costs.

Plaintiffs Pauline Reyher and Dr. Wallace Brucker appealed the trial court’s order awarding costs and attorney fees to defendant State Farm Mutual Automobile Insurance Company (State Farm), following the trial court’s dismissal of Reyher’s claims and denial of plaintiffs’ class certification motion. The order was reversed and the case was remanded with directions. During the briefing of this appeal, Reyher II was announced, reversing the dismissal of Reyher’s claims. At the time of this appeal, there were no class action claims pending in the trial court; however, the individual claims of Reyher and Dr. Brucker remained pending and unresolved.

State Farm argued that the Court of Appeals lacked jurisdiction over this appeal because the order awarding costs and fees was not a final, appealable order. The cost and fee order was related solely to the class certification claims and Reyher’s claims, which were both resolved by final orders pursuant to C.R.C.P. 54(b); the order was not based on any other claims pending in the trial court. Therefore, the cost and fee order was itself a final, appealable judgment.

Plaintiffs argued that the trial court prematurely determined that State Farm was the prevailing party under C.R.C.P. 54(d) based on its successful defense of class certification but before termination of the underlying litigation. The trial court erred to the extent that it awarded costs based on its misconception that it was required to do so and had no discretion in the matter. Additionally, whether a party has derived some of the benefits sought by the litigation requires an assessment in the context of the overall litigation. Therefore, because plaintiffs may yet obtain a judgment against State Farm on their individual claims, it was premature for the trial court to determine that State Farm was the prevailing party. Accordingly, the trial court erred in awarding State Farm its costs and fees as the prevailing party at this stage in the proceedings based on its purely procedural victory on the class certification. Plaintiffs also argued, State Farm conceded, and the Court of Appeals agreed that because the judgment dismissing Reyher’s claims was reversed in Reyher II, the costs and fees related to that dismissal also must be reversed.

Summary and full case available here.

Filed Under: Case Law Tagged With: , , , ,

Attorneys Required to Open Cases via CM/ECF in United States District Court for Colorado

February 7, 2012 by Leave a Comment

On February 23, 2012, attorneys will be required to open civil cases in the United States District Court for the District of Colorado via ECF and provide payment via pay.gov. Other changes that will occur (some before February 23) include:

  • The clerk’s office will no longer return your filed complaint via email. You will receive a Notice of Electronic Filing (NEF) when your case is opened.
  • Summons forms, if provided, will be issued through ECF. You will receive a NEF with the summons and the magistrate consent form. A new event has been created for filing the civil summons called “Summons Request.” Please note you should use the national summons form, not the local form.
  • The fee for filing an appeal may be paid online at the time of filing.
  • A new event has been created for filing the corporate disclosure statement and entering corporate parents in CM/ECF.

More Information

Cases That Must Be Filed via Email and Will Be Opened by the Clerk’s Office

  1. Sealed (qui tam, etc.).
  2. Discovery motions in civil cases pending in another court.
  3. Petition to Quash an IRS summons.
  4. Petition for Judicial Assistance for Discovery from Foreign Tribunal pursuant to 28 U.S.C. § 1782.
  5. Petition to Perpetuate Testimony pursuant to Federal Rule 27.
  6. Petition to enforce administrative subpoenas or summons.
  7. Applications for civil seizure warrant.
  8. Application for warrants for inspection, entry and investigation or to determine need for and to undertake response action.
  9. Motions for Extension of Time to File Forfeiture Action.
  10. Filings of complaints and orders for appointment of receiver pursuant to 28 U.S.C. § 7547.
  11. Request to issue subpoena pursuant to the Digital Millennium Copyright Act.
  12. Applications pursuant to 12 U.S.C. § 3409.
  13. Certifications of judgments from other districts.

Click here to read the full announcement from the United States District Court for the District of Colorado.

Filed Under: Updates Tagged With: , , ,

State Judicial Amends More Forms to Comply with New Civil Procedure Rules and Fee Changes (Part 3)

January 31, 2012 by Leave a Comment

Colorado State Judicial continues to issue forms that have been amended to comply with fee changes and the new civil procedure rules adopted as part of Rule Change 2011(18), effective as of January 1, 2012. The changes are being made to time calculation requirements in the forms, which now must reflect the “rule of 7″/multiples of a week.

State Judicial is reviewing all JDF forms and instructions, however it is always the Parties’ responsibility to ensure compliance with the Supreme Court rules. It is therefore important to review the time calculation rule changes prior to filing, as many of the forms have not been reviewed and changed yet.

Below is a list of the latest forms to be amended. Earlier amendments can be found here (Part 1) and here (Part 2). Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; Word templates are forthcoming. Download the new forms from State Judicial’s individual forms pages, or below.

Probate

  • JDF 875 – “Instructions for Appointment of Conservator – Adult” (revised 1/12)
  • JDF 887 – “Instructions to File a Petition to Terminate Conservatorship” (revised 1/12)
  • JDF 906 – “Instructions for Probate with a Will” (revised 1/12)
  • JDF 907 – “Instructions for Probate without a Will” (revised 1/12)
  • JDF 957 – “Instructions for Closing an Estate Formally” (revised 1/12)
  • JDF 958 – “Instructions for Closing a Small Estate Informally” (revised 1/12)
  • JDF 959 – “Instructions for Closing an Estate Informally” (revised 1/12)
  • JDF 989 – “Instructions to Re-Open an Estate” (revised 1/12)

Protection Orders

  • JDF 395 – “Instructions for Restrained Person Motion to Modify / Dismiss Protection Order” (revised 1/12)
  • JDF 400 – “Instructions for Obtaining a Protection Order” (revised 1/12)

Small Claims

  • JDF 248 – “Small Claims Instructions” (revised 1/12)
  • JDF 250 – “Notice, Claim & Summons to Appear for Trial” (revised 1/12)

Water

  • JDF 295W – “Standardized Instructions for all Colorado Water Court Divisions” (revised 1/12)
Filed Under: Resources Tagged With: , , , , ,

State Judicial Begins Amending Forms to Comply with New Civil Procedure Rule Changes

January 17, 2012 by 1 Comment

Colorado State Judicial has begun to issuing forms that have been amended to comply with the new civil procedure rules adopted as part of Rule Change 2011(18), effective as of January 1, 2012. The changes are being made to time calculation requirements in the forms, which now must reflect the “rule of 7″/multiples of a week.

State Judicial is reviewing all JDF forms and instructions, however it is always the Parties’ responsibility to ensure compliance with the Supreme Court rules. It is therefore important to review the time calculation rule changes prior to filing, as many of the forms have not been reviewed and changed yet.

Below is a list of forms that have been amended so far. Most forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; Word templates are forthcoming. Download the new forms from State Judicial’s individual forms pages, or below.

Adoption

  • JDF 530 – “Notice & Summons for Adult Adoption” (revised 1/12)

County Civil / District Civil

  • Form 1.1 – “Summons by Publication” (revised 1/12)
  • JDF 82 – “Instructions on How to Collect a Judgment and Completing a Writ of Garnishment” (revised 1/12)
  • JDF 96 – “Instructions for Filing an Answer and/or Counterclaim” (revised 1/12)
  • JDF 100 – “Instructions for Forcible Entry and Detainer (FED) / Evictions” (revised 1/12)
  • JDF 107 – “Order for Entry of Judgment with Issuance of Interrogatories” (revised 1/12)
  • JDF 108 – ” Pattern Interrogatories Under CRCP 369(g) – Business” (revised 1/12)
  • JDF 110 – ” Instructions for a County Court Civil Case (Money Demand)” (revised 1/12)
  • JDF 112 – “Instructions for Reviving a Judgment” (revised 1/12)
  • JDF 114 – “Notice to Show Cause for Revival of Judgment” (revised 1/12)
  • JDF 115 – ” Instructions for Replevin” (revised 1/12)
  • JDF 116 – “Verified Complaint in Replevin” (revised 1/12)
  • JDF 119 – “Prejudgment Order for Possession After Hearing” (revised 1/12)
  • JDF 122 – “Instructions for Issuance of Contempt Citation” (revised 1/12)
  • JDF 123 – “Motion and Affidavit for Citation for Contempt of Court” (revised 1/12)
  • JDF 137 – ” Instructions for Filing a Foreign Judgment” (revised 1/12)
  • JDF 385 – “Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 1/12)
  • JDF 420 – ” Instructions for filing a Change of Name – Minor” (revised 1/12)
  • JDF 432 – ” Instructions for Filing a Change of Name – Adult” (revised 1/12)
  • JDF 600 – “District Court Civil Summons” (revised 1/12)
  • JDF 605 – ” Instructions for Appealing Property Tax Assessment” (revised 1/12)
  • CRCCP 9 – “Disclosure Statement” (revised 1/12)

Criminal

  • JDF 385 – ” Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 1/12)

Domestic/Family

  • JDF 1099 – “Instructions for Filing a Dissolution of Marriage or Legal Separation if there are no Children of this Marriage or the Children are Emancipated” (revised 1/12)
  • JDF 1100 – “Instructions for Filing a Dissolution of Marriage or Legal Separation With Children” (revised 1/12)
  • JDF 1102 – “Summons for Dissolution of Marriage or Legal Separation” (revised 1/12)
  • JDF 1215 – “Evaluation of a Foreign Decree” (revised 1/12)
  • JDF 1220 – “Instructions to File a Foreign Decree” (revised 1/12)
  • JDF 1222 – “Summons for Registration of Foreign Decree” (revised 1/12)
  • JDF 1325 – “Instructions to Convert Decree of Legal Separation to Decree of Dissolution of Marriage” (revised 1/12)
  • JDF 1399 – “Instructions to File a Motion or Stipulation to Modify or Terminate Maintenance” (revised 1/12)
  • JDF 1400 – “Instructions to File a Motion to Relocate Minor Children” (revised 1/12)
  • JDF 1401 – “Motion to Modify or Terminate Maintenance” (revised 1/12)
  • JDF 1403 – “Motion to Modify Child Support” (revised 1/12)
  • JDF 1403I – “Instructions to File a Motion or Stipulation to Modify Child Support” (revised 1/12)
  • JDF 1406 – “Motion to Modify/Restrict Parenting Time” (revised 1/12)
  • JDF 1406I – “Instructions to File a Motion to Modify/Restrict Parenting Time” (revised 1/12)
  • JDF 1407 – “Motion to Relocate Minor Children” (revised 1/12)
  • JDF 1408 – “Motion to Terminate Child Support Per §14-10-122, C.R.S.” (revised 1/12)
  • JDF 1411 – “Instructions to File a Motion or Stipulation to Modify Decision-Making Responsibility” (revised 1/12)
  • JDF 1413I – “Instructions for Petition for Allocation of Parental Responsibilities” (revised 1/12)
  • JDF 1414 – “Summons to Respond to Petition for Allocation of Parental Responsibilities” (revised 1/12)
  • JDF 1418I – “Instructions to File a Motion Concerning Parenting Time Disputes” (revised 1/12)
  • JDF 1426 – “Instructions to File a Motion to Terminate Child Support” (revised 1/12)
  • JDF 1524 – “Instructions to File a Motion to Modify or Set Aside Parentage” (revised 1/12)
  • JDF 1525 – “Verified Motion to Modify or Set Aside an Order Determining Parentage” (revised 1/12)
  • JDF 1600 – “Instructions to File for a Declaration of Invalidity of Marriage (Annulment)” (revised 1/12)
  • JDF 1602 – “Summons for Declaration of Invalidity of Marriage” (revised 1/12)
  • JDF 1700 – “Instructions to File for Grandparent Visitation” (revised 1/12)
  • JDF 1701 – “Verified Pleading Affidavit for Grandparent Visitation” (revised 1/12)
  • JDF 1800 – “Instructions for Filing Motions to Enforce Orders” (revised 1/12)

Filing Fees

  • JDF 1 – “Filing Fees, Surcharges, and Costs effective on and after January 23, 2012″ (revised 1/12)

Juvenile

  • JDF 385 – “Instructions for Filing a Change of Name to Obtain Identity-Related Documents” (revised 1/12)

Miscellaneous

  • JDF 83 – “Notice of Withdrawal as Attorney of Record” (revised 1/12)

Probate

  • JDF 709 – “Instructions to Set a Hearing and to Complete a Notice of Hearing” (revised 1/12)
  • JDF 712 – “Notice of Non-Appearance Hearing Pursuant to C.R.P.P. 8.8″ (revised 1/12)
  • JDF 722 – “Objection to Non-Appearance Hearing” (revised 1/12)
  • JDF 963 – “Notice of Non-Appearance Hearing on Petition for Final Settlement” (revised 1/12)
Filed Under: Resources Tagged With: , , , , , , , , , , , , , ,

Filing Fees Temporarily Reduced in Certain Civil Actions

January 13, 2012 by Leave a Comment

The Colorado Supreme Court has issued a new Chief Justice Directive, which temporarily reduces the filing fees for certain civil actions, effective January 23, 2012.

CJD 12-02 temporarily decreases filing fees credited to the Justice Stabilization fund.  Pursuant to Colorado Revised Statutes, cash funds must maintain no more than a 16 percent excess fund balance, and it is projected that the fund will exceed this target reserve limit.  In order to comply with the statutory requirement, Chief Justice Bender has temporarily reduced filing fees.

As necessary, the Chief Justice may later increase these fees back to their statutorily permitted level.

The reduced fees apply across the board throughout Colorado courts and are outlined in Appendix A to CJD 12-02 – “Temporary Reduction of Filing Fees in Certain Civil Actions”

Questions about the change may be directed to Linda Bowers, Court Services Manager, at (720) 921-7839 or linda.bowers@judicial.state.co.us.

Filed Under: Updates Tagged With: , , , , , , , , , , , , , ,

Tenth Circuit Attorney Admission Fee to Increase in 2012

December 5, 2011 by Leave a Comment

The attorney admission fee for the Tenth Circuit Court of Appeals will increase to $225 on January 1, 2012. All applications received after that date will need to include the new fee amount.

Filed Under: Updates Tagged With: , ,

U.S. Federal Courts Increase Many Fees, Including for Electronic Public Access

October 10, 2011 by Leave a Comment

At its session in September 2011, the Judicial Conference of the United States approved a recommendation of its Committee on Court Administration and Case Management that would amend the miscellaneous fee schedules for the courts of appeals, district courts, bankruptcy courts, U.S. Court of Federal Claims, and Judicial Panel on Multidistrict Litigation. The amendments increase certain fees for inflation and are effective on November 1, 2011.

Click here for the list of fee increases for federal courts.

Additionally, the Judicial Conference authorized an increase in the Judiciary’s electronic public access (EPA) fee in response to increasing costs for maintaining and enhancing the EPA system. The increase in the EPA fee, from $0.08 to $0.10 per page, will take effect on April 1, 2012. The change is needed to continue to support and improve the Public Access to Court Electronic Records (PACER) system, and to develop and implement the next generation of the Judiciary’s Case Management/Electronic Case Filing system.

The Conference was mindful of the impact such an increase could have on other public entities and on public users accessing the system to obtain information on a particular case. For this reason, local, state, and federal government agencies will be exempted from the increase for three years. Moreover, PACER users who do not accrue charges of more than $15 in a quarterly billing cycle would not be charged a fee. (The current exemption is $10 per quarter.) The courts estimate that the expanded exemption still means that 75%-80% of all users will pay no fees.

Click here for more information about the EPA fee increase.

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State Judicial Issues New Forms Regarding Inmate Filing Fees

October 7, 2011 by Leave a Comment

The Colorado State Judicial Branch has issued a revised form for inmates to request to file in court without payment of filing and service fees. State Judicial also released a new finding and order form for such a request. Practitioners should begin using the new forms immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats; many are also available as Word templates. Download the new forms from State Judicial’s individual forms pages, or below.

Filing Fees

  • JDF 201 – “Inmate Motion Requesting to File Without Prepayment of Filing/Service Fees” (revised 9/11)
  • JDF 202 – “Finding and Order Concerning Inmate Motion” (9/11)
Filed Under: Resources Tagged With: , , , , , ,

State Judicial Issues Revised Certification of Indigency Form

September 20, 2011 by Leave a Comment

The Colorado State Judicial Branch has issued a revised form for a legal service provider to certify that their client is indigent. Once certified as indigent, the client is eligible to have most court-related fees waived. Practitioners should begin using the new form immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Many are also available as Word templates; download the new forms from State Judicial’s individual forms pages, or below.

Filing Fees

  • JDF 203 – “Certification of Determination of Indigency” (revised 8/11)
Filed Under: Resources Tagged With: , , , , ,

Revised Finding and Order Form to Waive or Defer Filing Fees Issued by State Judicial

September 20, 2011 by Leave a Comment

The Colorado State Judicial Branch has issued a revised finding and order form to be used for granting eligibility to proceed without the payment of a filing fee, to have the filing fee paid in installments, or to deny eligibility to proceed without payment. Practitioners should begin using the new form immediately.

All forms are available in Adobe Acrobat (PDF) and Microsoft Word formats. Many are also available as Word templates; download the new forms from State Judicial’s individual forms pages, or below.

Filing Fees / Domestic/Family

  • JDF 206 – “Finding and Order Concerning Payment of Fees” (revised 8/11)
Filed Under: Resources Tagged With: , , , , ,

Getting Paid: Using Credit Cards at Your Solo or Small Firm

September 14, 2011 by 1 Comment

Setting up and managing a credit card system at your firm is not as simple as it sounds. This week, I presented a one-hour program at CBA-CLE about everything you need to know to get started, from setting up the machine, managing acceptance of your clients’ cards, and getting paid, to the myriad of ethical implications involved when you accept credit cards in your practice. The program also looked at the fees and costs associated with using credit cards, how you should document the transactions, and how to contact merchant companies.

I invite you to check out the credit card information sheets that I use in my practice. They are provided below, and hopefully you will find them helpful in getting your own credit card system in place. And, in case you missed the presentation, you can also view my Five-Minute Mentor video below or you can access the homestudies here.

Solo/Small Firm Credit Card Documentation

Brian Popp has been in solo law practice since 2005. His practice is litigation based, and includes family law, real estate, collections, civil litigation, estate planning, and criminal defense. Brian is a former chair of the Denver Bar Association Young Lawyers Division, a former chair of the Solo Small Firm Section of the Colorado Bar Association, and was a member of the COBALT steering committee for its inaugural year in 2007.
Filed Under: Practice Management Tagged With: , , , , ,
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