ANNOUNCEMENTS

COLORADO COURT OF APPEALS

September 9, 2010

“Slip opinions” are the opinions as filed by the judges with the clerk.  Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the Petition for Rehearing section of the announcement document the day the changes are announced.

Click on the case number to view published and modified published opinions.

U N P U B L I S H E D   O P I N I O N S

Court of Appeals No. 06CA2614

Arapahoe County District Court No. 05CR1909

Honorable Charles M. Pratt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Joseph Taylor,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE CONNELLY

Carparelli and Furman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 07CA2072

El Paso County District Court No. 05DR3894

Honorable Rebecca S. Bromley, Judge

In re the Marriage of

Linda L. Faulb,

Appellee,

and

Carol L. Faulb, as Personal Representative for the Estate of Jared Alan Faulb,

Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE ROMÁN

Roy and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 07CA2366

City and County of Denver District Court No. 06CR977

Honorable Catherine A. Lemon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jimmie Wellman,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE CONNELLY

Carparelli and Furman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA0336

Jefferson County District Court No. 06CR214

Honorable Lily W. Oeffler, Judge

The People of the State of Colorado, 

Plaintiff-Appellee,

v.

Jody Ray Smith,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE GABRIEL

Roy and Hawthorne, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA0389

Weld County District Court No. 06CR2360

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Samuel Bradford,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE KAPELKE*

Webb and Miller, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA1171

Adams County District Court No. 07CR1544

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Quinten Marsialles Arnwine,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE RICHMAN

Taubman and J. Jones, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA1912

Mesa County District Court No. 07CR1972

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Benjamin Scott Dare,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE KAPELKE*

Davidson, C.J., and Nieto*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA2495

Elbert County District Court No. 01DR76

Honorable Jeffrey K. Holmes, Judge

In re the Marriage of

Michel A. LaFortune,

Appellee,

and

Lora Krista, f/k/a Lora Krista-LaFortune,

Appellant.

ORDER AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE LOEB

Russel and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0028

El Paso County District Court No. 05CR4970

Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Schaal,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE HAWTHORNE

Roy and Gabriel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0040

Weld County District Court No. 07CR868

Honorable Julie Christine Hoskins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Juan D. Howell,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE FURMAN

Carparelli and Connelly, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0532

City and County of Denver District Court No. 95CR830

Honorable William W. Hood, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dwight O. Anderson,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE FURMAN

Casebolt and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0642

Larimer County District Court No. 07CV90

Honorable Daniel J. Kaup, Judge

Elah Watson,

Plaintiff-Appellee and Cross-Appellant,

and

Colorado Intergovernmental Risk Sharing Agency,

Intervenor-Appellee and Cross-Appellant,

v.

Benevolent and Protective Order of Elks, Loveland Lodge #1051, a Colorado non-profit corporation,

Defendant-Appellant and Cross-Appellee.

JUDGMENT AFFIRMED, CROSS-APPEAL DISMISSED,

ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE LICHTENSTEIN

Bernard and Ney*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0752

Larimer County District Court No. 08CR389

Honorable J. Carman Blair, Judge

The People of the State of Colorado, 

Plaintiff-Appellee,

v.

Rick Donovan Van Vleet,

Defendant-Appellant.

SENTENCE AFFIRMED

Division II

Opinion by JUDGE GABRIEL

Roy and Hawthorne, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1012

Adams County District Court No. 08CR499

Honorable Edward Moss, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darryl Keith Manson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE GABRIEL

Roy and Hawthorne, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1017

El Paso County District Court No. 05CR4109

Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Goldsberry,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE CARPARELLI

Furman and Connelly, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1304

Jefferson County District Court No. 07CR3730

Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Summer Lynn Baker,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE TERRY

Graham and Román, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1320

El Paso County District Court No. 03CR1450

Honorable Gilbert A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Self,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Casebolt and Bernard, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1497

El Paso County District Court No. 08DR4204

Honorable Scott A. Sells, Judge

In re the Marriage of

Robert Lynch,

Appellee,

and

Ann Lynch, n/k/a Ann Laird,

Appellant.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE BERNARD

Lichtenstein and Ney*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1545

El Paso County District Court No. 96CR3055

Honorable Gilbert A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Wayne Gunter, Sr.,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE MILLER

Graham and Loeb, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1555

Larimer County District Court No. 05CR355

Honorable Dave Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher O’Brien,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE FURMAN

Casebolt and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1569

Eagle County District Court No. 07CV484

Honorable Robert T. Moorhead, Judge

Justin G. Reed,

Plaintiff-Appellant,

v.

AV Decking, Inc., an Arizona corporation,

Defendant-Appellee.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE BOORAS

Roy and Román, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1618

Arapahoe County District Court Nos. 97CR1030 & 97CR2914

Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Maurice Harris,

Defendant-Appellant.

ORDERS AFFIRMED

Division B

Carparelli, Loeb, Terry, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1810

Archuleta County District Court No. 05DR58

Honorable Gregory G. Lyman, Judge

In re the Marriage of

Richard E. Downey,

Appellee,

and

Radine S. Downey, a/k/a Coopersmith,

Appellant.

JUDGMENT AND ORDER AFFIRMED

Division IV

Opinion by JUDGE WEBB

Miller and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1880

El Paso County District Court No. 04CV5022

Honorable G. David Miller, Judge

Ralph E. Valdez,

Plaintiff-Appellant,

v.

Anthony W. Minnuzza,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE WEBB

Miller and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2005

City and County of Denver District Court No. 02DR470

Honorable J. Stephen Phillips, Judge

In re the Marriage of

Wayne Anthony Leanza,

Appellant,

and

Stephanie Baldwin Urban,

Appellee.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE ROMÁN

Graham and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2125

Park County District Court No. 04CV161

Honorable Stephen A. Groome, Judge

Hartsel Springs Ranch of Colorado, Inc., a Colorado corporation,

Plaintiff-Appellee,

v.

Vernon E. Wagner,

Defendant-Appellant.

ORDER REVERSED

Division II

Opinion by JUDGE FURMAN

Casebolt and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2241

City and County of Denver District Court No. 09CV3383

Honorable Morris B. Hoffman, Judge

R. Steven Hadley and RaeAnne Hadley,

Plaintiffs-Appellants,

v.

Countrywide Home Loans, Inc., a New York corporation,

Defendant-Appellee.

ORDER AFFIRMED

Division III

Opinion by JUDGE NEY*

Román and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2278

Industrial Claim Appeals Office of the State of Colorado

WC Nos. 4-779-747 & 4-773-747

Elyse Klingener, DMD, and Hartford Fire Insurance Company,

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado, Abigail Tarr, and Zurich North America,

Respondents.

ORDER AFFIRMED

Division VI

Opinion by JUDGE FURMAN

Carparelli and Rovira*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2317

City and County of Denver Juvenile Court No. 09JD915

Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.C.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE CARPARELLI

Furman and Connelly, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2444

Weld County District Court No. 08CV450

Honorable William L. West, Judge

Farmers Reservoir and Irrigation Company, a Colorado corporation,

Plaintiff-Appellee,

v.

Edward Dumph and Elizabeth (Betsy) Dumph,

Defendants-Appellants.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE BERNARD

Lichtenstein and Ney*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2595

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-545-531

Carl Fleming, by his guardian and conservator, Stacey Simpson-Fleming,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Truck Insurance Exchange; and Giesen Restaurant,

Respondents.

ORDER AFFIRMED

Division IV

Opinion by JUDGE DAILEY

Carparelli and Criswell*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0066

Montrose County District Court No. 06DR310

Honorable Jeff Herron, Judge

In re the Marriage of

Susan Whitmer, n/k/a Susan L. Ashley,

Appellant,

and

Dirk Whitmer,

Appellee.

ORDERS AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE BERNARD

Taubman and Casebolt, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0267

City and County of Denver District Court No. 05CR5141

Honorable Ronald M. Mullins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark Corzine,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Carparelli, Loeb, and Terry, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0304

Industrial Claim Appeals Office of the State of Colorado

DD No. 34017-2009

Michael E. Kauth,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Mizer Milling, Inc.,

Respondents.

ORDER AFFIRMED

Division C

Furman, Bernard, and Lichtenstein, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0312

City and County of Denver Juvenile Court No. 08JV2465

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee

In the Interest of J.A.S., Child,

and Concerning N.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE RICHMAN

Loeb and Russel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0372

City and County of Denver Juvenile Court No. 08JV1919

Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Z.R.T., a Child,

and Concerning R.C.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE CARPARELLI

Furman and Connelly, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0648

Industrial Claim Appeals Office of the State of Colorado

DD No. 33704-2009

Allen Andrew Elkins,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Bekins Moving & Storage Company,

Respondents.

ORDER AFFIRMED

Division V

Opinion by JUDGE GRAHAM

Román and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0663                                                                          

Weld County District Court No. 08JV312

Honorable William L. West, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.K., Child,

and Concerning J.C.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by CHIEF JUDGE DAVIDSON

Sternberg* and Ney*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0674

City and County of Denver Juvenile Court No. 08JV20

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.C.S., Child,

and Concerning S.D.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE CONNELLY

Carparelli and Furman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0675

City and County of Denver Juvenile Court No. 07JV1853

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.C.S., Child,

and Concerning S.D.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE CONNELLY

Carparelli and Furman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0716                                                                                   

Larimer County District Court No. 08JV612

Honorable Daniel Kaup, Judge

The People of the State of Colorado,

Petitioner-Appellee                                                                                              

In the Interest of F.M, Child,

and Concerning J.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE STERNBERG*

Davidson, C.J. and Ney*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0783

Industrial Claim Appeals Office of the State of Colorado

DD No. 2361-2010

Anna M. Casados,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and U.S. Postal Service,

Respondents.

ORDER AFFIRMED

Division C

Furman, Bernard, and Lichtenstein, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0870

Industrial Claim Appeals Office of the State of Colorado

DD No. 3010-2010

Michael D. Morris,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Lodgenet Entertainment Corp.,

Respondents.

ORDER AFFIRMED

Division C

Furman, Bernard, and Lichtenstein, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0907

Industrial Claim Appeals Office of the State of Colorado

DD No. 5934-2010

Kristelia A. Ward,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Lucas Associates Temps Inc.,

Respondents.

ORDER AFFIRMED

Division C

Furman, Bernard, Lichtenstein, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0929

Pueblo County District Court No. 10MH73

Honorable Dennis Maes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Ernesto Michel,

Respondent-Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE LOEB

Russel and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1017

Industrial Claim Appeals Office of the State of Colorado

DD No. 6945-2010

Ernest W. Freeman,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Labor Ready Central Inc.,

Respondents.

ORDER AFFIRMED

Division C

Furman, Bernard, and Lichtenstein, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1029

Industrial Claim Appeals Office of the State of Colorado

DD No. 8850-2010

Veronique R. Smith,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and David C. Forschner MD PC,

Respondents.

ORDER AFFIRMED

Division B

Furman, Bernard, and Lichtenstein, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1076

Industrial Claim Appeals Office of the State of Colorado

DD No. 37611-2009

Paul I. Castillo,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Frontier Fire Protection,

Respondents.

ORDER AFFIRMED

Division C

Furman, Bernard, and Lichtenstein, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

P E T I T I O N S  F O R  R E H E A R I N G

Court of Appeals No. 08CA0206

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Frank Marzano,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0655

Arthur S. Beir,

Plaintiff-Appellant,

v.

Aspen Barker Top, LLC, a Colorado limited liability company,

Defendant-Appellee.

Opinion Modified and

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0826

El Paso County District Court No. 08CR2390

Honorable Gregory R. Werner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ieshia Yvonne Harge,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2493

David Hover,

Plaintiff-Appellant,

v.

Director, Colorado Department of Corrections, and Warden, Bent County Correctional Facility,

Defendants-Appellees.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2520

City of Steamboat Springs, a Colorado home rule municipality,

Petitioner-Appellee,

v.

Charles D. Johnson and Johnson Excavation, Inc.,

Respondents-Appellants.

Petition for Rehearing DENIED

*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2009.