August 24, 2019

Archives for May 5, 2010

Case Law: Tenth Circuit Opinions, 5/5/10 [Updated]

[Update: this post has been updated as the 10th Circuit release a published opinion on May 5, 2010, after this post was published.]

The Tenth Circuit on Wednesday issued one published opinion and four unpublished opinions, as described below.


In Jensen v. Wagner, the Court reversed in part and affirmed in part the district court’s decision, determining that the Jensen’s failed to demonstrate that state actors violated their constitutional rights by interfering with their parental authority and that it did not have jurisdiction under the Rooker-Feldman doctrine to consider the Jensens’ claim premised on malicious prosecution.


In United States v. Delgadillo-Gallegos, the court affirmed the sentence of a defendant who illegally re-entered the country, rejecting defendant’s claims that the sentence was unreasonable and based on a prior offense.

In Barfoot v. Public Service Company of Colorado (D/B/A Xcel Energy), the court affirmed the district court’s grant of summary judgment to Xcel on an employee’s ADA and ADEA claims.

In United States v. Rubio, the defendant appealed the district court’s denial of his motion for a reduced sentence, based on its lack of jurisdiction under then-Federal Rule of Criminal Procedure 11(e)(1)(C) (now 11(c)(1)(C)). The court affirmed the district court’s decision.

In Martin v. Cornell Companies, Inc., the court denied Martin’s appeal of  a district court’s orders granting defendants’ motions to dismiss and for summary judgment on his claims brought under 42 U.S.C. § 1983.

Legislation: Governor Signs Agricultural Eminent Domain Bill into Law

With his signature, Governor Bill Ritter enacted historic legislation that curbs the state’s right-of-way in “blighted” agricultural land eyed by developers for urban renewal.

Sponsored by House Deputy Majority Whip Randy Fischer (D-Fort Collins) and Sen. Morgan Carroll (D-Aurora), HB 10-1107 more narrowly construes when farmland may be considered “blight,” with the intended effect of limiting private developers’ ability to purchase inexpensive farming land seized under eminent domain —  and at taxpayer’s expense. The bill passed both legislative houses with wide bipartisan support before landing on the governor’s desk for his signature.

Rep. Fischer told the Colorado House Democrats blog:

When I travel to Denver on my way to the State Capitol, I pass by acre upon acre of verdant irrigated farmland. How can anyone confuse productive farm land with abandoned or derelict buildings and crime ridden streets that are characteristic of urban blight? I can’t and I don’t think most Colorado citizens can either. We need to recognize in statute what is common sense: Farm land is not urban blight.

Not only does the measure prevent fertile farmland from being condemned and open to redevelopment, but it also ensures that tax dollars intended to rehabilitate real urban blight — slums, ramshackle buildings, and other urban areas fallen into dangerous disrepair — accomplish just that.

(image source: Wikimedia Commons)

Legislation: Probate Pay Bill Postponed Indefinitely

Senator Pat Steadman asked the Senate Judiciary Committee to indefinitely postpone a bill he co-sponsored that would have defined reasonable compensation for estate administrators and fiduciaries and would have permitted them to charge a percentage of the estate to pay for their services, saying the bill “has become somewhat controversial and taken on a life of its own.”

Legislation: Payday Lending Reform Narrowly Passes House, Heads to Governor’s Desk

With a 33-32 vote, the House approved the Senate’s version of a payday lending bill modifying the current law, which allows payday lenders to charge an effective APR interest rate of more than 300%.

The bill replaces two-week payday loans with loans that can be repaid over a period as long as six months. Lenders could still charge up to $675 in interest in fees on a $500 debt if the loan is extended by another six months.