el paso county
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Colorado Supreme Court narrows consumer protection law for insurance claims
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The Colorado Supreme Court ruled on Monday that the legislature’s consumer protections requiring insurance companies to take certain steps before they allege a policyholder failed to cooperate do not apply to any obligation specifically laid out in the policy. In 2020, the legislature changed state law to limit insurance companies’ ability to assert a failure-to-cooperate defense when…
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Colorado justices block injured plaintiff from suing, despite alleged concealment by Manitou Springs
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The Colorado Supreme Court ruled on Monday that a woman injured on a Manitou Springs sidewalk could not sue the allegedly responsible entity, the city of Colorado Springs, even though she did not learn until too late of an agreement that made the city liable for the defective infrastructure. Jaimi J. Mostellar argued that Manitou…
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El Paso County defendant’s speedy trial rights violated, Colorado justices find in overturning convictions
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The Colorado Supreme Court concluded on Monday that an El Paso County prosecutor made an unjustified decision to file a mid-case appeal, pushing the trial beyond the legal deadline and requiring that the defendant’s convictions be overturned. In Colorado, the government generally must bring criminal defendants to trial within six months of a not-guilty plea,…
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Colorado Supreme Court intervenes in 4 ongoing cases
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The Colorado Supreme Court recently moved to intervene in four ongoing cases, including two criminal prosecutions, a civil lawsuit, and a child welfare proceeding. At least four of the court’s seven members must agree to hear a case outside of the normal appellate process. The issues raised before the justices include the ability of prosecutors…
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Newly formed PAC promises a stronger voice for southern Colorado businesses
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A new political action committee has launched in southern Colorado, aiming to strengthen and elevate the voices of local businesses and their regional influence on state-level policy. Over the last two years, the Colorado Legislature has enacted more than 1,000 new laws that have burdened businesses with added costs and excessive regulations, and several more…
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Public figures have limited path to sue over accusations of criminality, says appeals court
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Colorado’s second-highest court ruled last week that a public figure cannot sue for defamation solely because a person publicly accuses them of committing a crime, as the statement may be constitutionally protected opinion. A three-judge Court of Appeals panel narrowed the claims that Academy School District 20 board member Derrick Wilburn may pursue against Bernadette…
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Appeals court agrees defendant’s speech constitutionally protected against El Paso County judge
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Colorado’s second-highest court agreed last week that a defendant’s critical statements toward an El Paso County judge were constitutionally protected and could not form the basis of a retaliation charge. A three-judge Court of Appeals panel concluded that, in context, Ashley Hernandez’s brief confrontation with District Court Judge Diana May in a courthouse elevator did…
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Judge rejects motion in lawsuit against Palmer Lake mayor: ‘Weird situation’
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An El Paso County District Court has denied a request to freeze Dennis Stern’s role as mayor in Palmer Lake, calling the motion an overreach of judicial authority. In the denial, Judge David Prince said that a court interfering in the legislative actions of a municipality violated legal principles “that have been established for more…
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‘Housing mismatch’ improving in Colorado Springs, but residents losing purchasing power: Report
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Residents in Colorado Springs and El Paso County are losing purchasing power as average rental housing and home prices over the last decade have increased more than two to three times that of average incomes. At the same time, a “housing mismatch” between the types of homes being built in the area and the homes…
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El Paso County pushes back on Buc-ee’s rumors
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Addressing “significant public interest,” El Paso County released a statement on its website last week saying that planning staff have not received an application for a Buc-ee’s. “A project such as the construction of a Buc-ee’s does require a transparent public process,” read the statement. The county’s note addressed rumors around a land application opened…