9 results for 'judge:"Berkenkotter"'.
J. Berkenkotter finds the "centerline presumption," which grants title to the middle of a roadway in cases where a property owner grants a conveyance abutting a highway or street, also applies to the mineral rights underneath the roadway, so long as the conveyance includes no language to specifically exclude mineral rights. However, the lower court erroneously conditioned the application of the rule on whether a property owner retained ownership of at least a portion of the land that abuts the roadway because it effectively nullifies the rule. Therefore, the current owners of the property at issue in this case have sole ownership of both surface and mineral rights of the roadway following the developer's conveyance. Affirmed in part.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: May 6, 2024, Case #: 2024CO28, Categories: Property, Real Estate
J. Berkenkotter finds the lower court erroneously determined a trial court may use external evidence, including the insurance coverage of a plaintiff, to determine whether a prevailing plaintiff in a medical malpractice suit is entitled to exceed the statutory damages cap of $1 million because it allows tortfeasors to benefit from collateral payments made on behalf of a victim. Therefore, the case will be remanded to the trial court to allow for proper calculation of damages based on the jury's original award. Reversed in part.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: April 22, 2024, Case #: 2024CO22, Categories: Insurance, Damages, Medical Malpractice
J. Berkenkotter finds the trial court erroneously ruled in favor of the landlord on his eviction claim because Colorado law allowed the tenant to assert the affirmative defense of retaliation under the Colorado Fair Housing Act. Although a landlord may bring a forcible entry and detainer action against a tenant for "no reason or any reason," due process requires a tenant be given the opportunity to rebut evidence presented by the landlord; therefore, the tenant in this case must be allowed to present her retaliation claim based on allegations the landlord evicted her when she refused to have sex with him. Reversed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: February 20, 2024, Case #: 2024CO11, Categories: Civil Procedure, Landlord Tenant, Housing
J. Berkenkotter vacates the appeals court's decision to invalidate the methodology employed by the Arapahoe county assessor to calculate tax increment financing on certain real estate. The methodology did not violate Colorado's Urban Renewal Law, which grants such officials wide latitude to determine the most efficient and effective way to achieve urban renewal efforts under the law. Reversed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: January 22, 2024, Case #: 2024CO4, Categories: Property, Real Estate, Tax
J. Berkenkotter finds the trial court properly granted defendant's motion for sanctions against the prosecutor's office and reduced the charge of first-degree murder to second-degree murder. Evidence clearly indicated an ongoing pattern of misconduct that included unreasonable delays or an outright refusal to produce discovery materials in several cases, including the one at issue. Because defendant's attorney was prevented from adequately analyzing the majority of the material, he was clearly prejudiced by the behavior and sanctions were warranted. Affirmed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: December 11, 2023, Case #: 2023CO61, Categories: Murder, Sanctions, Discovery
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J. Berkenkotter finds the lower court properly denied the mother's motion to remove the child from family services' custody. "Due diligence," as defined in the federal Indian Child Welfare Act, requires the party petitioning for custody of a child to make reasonable efforts to determine whether that child has any Native American heritage, which was satisfied in this case when family services repeatedly attempted to contact the child's mother and eventually confirmed from the child's maternal grandmother he had no Native American heritage. Affirmed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: September 11, 2023, Case #: 2023 CO 48, Categories: Civil Procedure, Family Law, Native Americans
J. Berkenkotter finds that the trial court properly required a hospital to release defendant's medical records narrowly related to her alleged intoxication after she invoked the involuntary intoxication defense to a DUI charge. A DUI defendant waives the physician-patient privilege to medical records by endorsing the affirmative defense of involuntary intoxication.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: June 5, 2023, Case #: 22SA874, Categories: Evidence, Search, Dui
J. Berkenkotter finds that the district court properly dismissed a claim by commercial taxpayers to revalue their properties for the 2020 tax year due to the Covid-19 pandemic and related public health orders. A county tax assessor may not revalue and reassess real property after the January 1 assessment date. Any unusual condition that requires revaluation must be considered in the subsequent tax year. Affirmed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: May 30, 2023, Case #: 22SC799, Categories: Property, Tax, Covid-19
J. Berkenkotter finds that the district court erroneously granted taxpayers summary judgment on their claim for 2020 property tax revaluations due to the Covid-19 pandemic and related public health orders. An unusual condition that occurs after the January 1 assessment date must be considered in the next property tax year. Also, taxpayers bear the burden to show that the unusual condition was present before the applicable assessment date, their properties were affected and that the assessed values were wrong. Reversed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: May 30, 2023, Case #: 22SC800, Categories: Property, Tax, Covid-19