delta county
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County voters cannot pursue referendum on land-use change, appeals court says
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Colorado’s second-highest court told a collection of Delta County voters on Thursday that they cannot file a referendum to repeal a zoning change, as the state constitution does not allow it. After Delta County’s commissioners adopted a resolution updating the land-use code in 2024, a group of landowners tried three times to file a referendum…
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Appeals court rules dead witness’s prior testimony may be used in criminal case
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Colorado’s second-highest court clarified for the first time last week that a witness who testifies in a civil case, but who dies before a related criminal case goes to trial, may have their testimony used in the criminal proceedings. A three-judge Court of Appeals panel concluded that if the criminal defendant had a “full, fair,…
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Appeals court allows man to sue Paonia for constitutional violation after shutting off his water
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Colorado’s second-highest court last week agreed a man could proceed with his lawsuit against the town of Paonia for shutting off his water in an alleged violation of his constitutional right to due process. Erik Gilbertson lives outside the town’s limits, but his home receives water from the municipal system. Paonia allowed the prior owner…
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Colorado Supreme Court tells Delta County judge to revisit alternate suspect order in light of recent decision
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The Colorado Supreme Court directed a Delta County judge on Thursday to revisit his order requiring a defendant accused of murder to disclose evidence to the prosecution about an alleged alternate suspect. In a brief Feb. 29 order, the justices told District Court Judge Steven L. Schultz to follow the guidance the Supreme Court issued…
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Colorado Supreme Court to analyze how wage law applies to Amazon holiday pay
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The Colorado Supreme Court recently announced it will decide whether Amazon is complying with the state’s wage law by excluding shifts worked on holidays when calculating employees’ overtime pay. At least three of the court’s seven members must agree to hear an appeal. The case addressing overtime pay came to the Supreme Court through an…
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Colorado Supreme Court to hear Miranda rights appeal from Arapahoe County
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The Colorado Supreme Court on Monday announced it will hear a criminal appeal out of Arapahoe County that asks whether police failed to give a road rage suspect his Miranda warning, and if that failure requires a new trial. At least three of the court’s seven members must agree to review a case. The justices…
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Delta County judge let biased juror serve, appeals court finds in reversing convictions
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A Delta County judge allowed a biased juror to serve in a woman’s drunk driving trial, the state’s Court of Appeals concluded last week in reversing the defendant’s convictions. A three-judge panel for the Court of Appeals noted the juror, identified as S.B., volunteered during jury selection that she would assume Katherine Susan Griswold was…
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When it comes to child neglect, what does ‘homeless’ mean?
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Colorado’s second-highest court has reversed a Delta County judge’s finding of child neglect, partly because it was unclear whether two children who lived in a tent met the definition of homeless. Being homeless is one of the conditions in Colorado law under which a court can deem a child dependent or neglected, a finding that…
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Colorado panel begins work on name change for Mount Evans
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A Colorado panel is getting ready to take on the most controversial name change in its two-year history: Mount Evans. The Colorado Geographic Naming Advisory Board, which is tasked with finding replacement names for geographic landmarks with names considered offensive, decided Thursday that it’s ready to start looking at six proposals for the renaming of Mount…
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With new state House and Senate maps, let the games begin
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The wait is over. And the scramble has begun. Now that the Colorado Supreme Court has approved new state House and Senate maps, candidates are crafting designs to run for more competitive seats that also appear to shrink the influence of rural communities at the state Capitol. The new maps will reshape Colorado’s political landscape, and,…
