“Plaintiffs … a same-sex couple, primarily contend the County treated them differently from heterosexual couples when interpreting and enforcing [septic] regulations.” (Opinion). Plaintiffs sued. The trial court dismissed some claims and granted a partial directed verdict by removing certain “actions” from a single claim under 42 USC 1983 (1983). The court of appeals reversed in part, holding that under CRCP 50, a trial court can’t parse evidence supporting a single claim against a single defendant. But it affirmed the trial court’s dismissal of 1) an inverse condemnation claim (taking property through regulation) because the regulations did not rise to the level of a taking, 2) a discrimination claim not brought to the Civil Rights Commission as required, and 3) a direct constitutional challenge because 1983, CRCP 106, and CRS 24-10-118 provide alternate remedies.
Tag Archives: Inverse Condemnation
Jason L. Rodgers and James R. Hazel v. Board of County Commissioners of Summit County, 2013COA61 (April 25, 2013)
Casey, et. al. as class representatives v. Colorado Higher Education Insurance Benefits Alliance Trust, 2012COA134 (August 16, 2012)
Unexpected long-term disabilities are sometimes worse than death. This case involves CGIA immunity arising from a trust created by public colleges to provide employees with long-term disability benefits. When Mesa State pulled out of the trust, its employees sued the trust for their contributions, alleging breaches of fiduciary duties and inverse condemnation. If plaintiffs’ claims lie or could lie in tort, the defendants would be immune. The court of appeals held that the trustees’ fiduciary duties were written into the contract, so they were not tort claims. Neither the breach of the duty of good faith, nor the inverse condemnation claims were tort claims either. But the economic loss rule barred some contract damages. Fraud claims based on alleged misrepresentations by any attorney regarding benefits, however, could lie in tort because they alleged fraud.