montezuma county
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After rejection by Colorado Supreme Court, federal judge also tosses oil, gas owners’ taxation challenge
A federal judge last month dismissed a lawsuit from a collection of mineral rights owners in Montezuma County, following the Colorado Supreme Court’s conclusion last year that they lacked standing to challenge roughly $500,000 in taxes owed. The long-running dispute centers on the McElmo Dome Unit in southwestern Colorado. Operator Kinder Morgan extracts the carbon…
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Federal judge dismisses negligence claim against hospital in death of Montezuma County jail detainee
A hospital in Cortez cannot itself be liable for negligence in the death of a Montezuma County jail detainee, a federal judge ruled last month. Kelroy Newman arrived at the jail on July 17, 2021 with a blood alcohol concentration five times the legal limit, 0.421, and injuries to his head. Police took him to Southwest…
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Federal judge dismisses negligence claim against hospital in death of Montezuma County jail detainee
A hospital in Cortez cannot itself be liable for negligence in the death of a Montezuma County jail detainee, a federal judge ruled last month. Kelroy Newman arrived at the jail on July 17, 2021 with a blood alcohol concentration five times the legal limit, 0.421, and injuries to his head. Police took him to Southwest…
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State Supreme Court rebuffs challenge to oil, gas taxation in Montezuma County
The Colorado Supreme Court on Tuesday overturned an appellate court decision that would have enhanced the ability of individual oil and gas owners to challenge their property tax bills, and would have also increased the administrative workload for counties in extraction-rich areas of the state. The justices clarified that the legislature intended to create a “representative”…
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Oil, gas tax law under consideration by Colorado Supreme Court
The Colorado Supreme Court stepped in this week to clarify whether the owners of a Montezuma County oil and gas formation have the opportunity to challenge a retroactive $2 million increase to their collective property tax bill. The underlying sequence of events already made its way to the justices once in 2017, when the court…
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Appeals court reverses Cortez man’s conviction for judge’s failure to give home defense instruction
There was enough evidence to support the theory that Shane Dean Darrell French was acting in defense of his home when he threatened his parole officer, Colorado’s second-highest court determined last week. Therefore, a Montezuma County judge acted improperly by failing to instruct the jury about the state’s home defense law. By a 2-1 decision,…
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Appeals court declines to overturn convictions after jurors had contact with defendant’s family
Even though two Montezuma County jurors had contact with the defendant’s family during trial in a manner that made one juror feel “nervous” and “uneasy,” the state’s Court of Appeals has declined to reverse the convictions. As part of a criminal defendant’s right to a fair trial, jurors are prohibited from considering information that is…
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Drought along a Colorado river calls for extreme efforts to enforce water laws: A badge and a gun
CORTEZ – There’s an adage among Western farmers, ranchers and outlaws that has been uttered through generations of disappointment and joy: “Whiskey’s for drinking and water’s for fighting over.” And water scarcity driven by drastic climate-change along the Dolores River in southwest Colorado has been a real jaw-grinder for folks who bear a century’s worth…