Colorado Supreme Court Summaries of Published Opinions, 0616 COBJ, Vol. 45 No. 6 Pg. 117
The summaries of Colorado Supreme Court published opinions are provided by the Court; the CBA cannot guarantee their accuracy or completeness. Both the summaries and full opinions, as well as the lists of petitions for rehearing and certiorari and the granted original proceedings pursuant to the Colorado Appellate Rules, are available on the CBA website, www.cobar.org (click on "Opinions/Rules/ Statutes"), and on the Colorado Judicial Branch website, www.courts.state.co.us (click on "Courts/Supreme Court/Case Announcements).
April 2016
April 4, 2016
2016 CO 18. No. 14SC931. Klingsheim v. Cordell. Tax Liens—Tax Sales—Diligent Inquiry.
This case principally required the Supreme Court to determine the scope of a county treasurer's duty of diligent inquiry, pursuant to CRS § 39-11-128(1), in attempting to notify a taxpayer that his or her land may be sold to satisfy a tax lien. Construing CRS § 39-1 l-128(l)(a), the Court concluded that a county treasurer has an initial duty to serve notice of a pending tax sale on every person in actual possession or occupancy of the property at issue, as well as on the person in whose name the property was taxed or specially assessed, if upon diligent inquiry such persons can be found in the county or if their residences outside the county are known. In addition, the Court held that a treasurer owes a duty of further diligent inquiry after an initial notice has been sent only when the facts known to the treasurer show that the taxpayer could not have received the notice of the pending tax sale. Applying this standard here, the Court concluded that the county treasurer satisfied its duty of diligent inquiry. In addition, the Court concluded that the notice that the county treasurer provided in this case satisfied due process requirements. Accordingly, the Court reversed the judgment of the Court of Appeals and remanded the case for further proceedings consistent with this opinion.
April 18, 2016
2016 CO 19. No. 15SC298. People in the Interest of E.G.
Criminal Procedure—Criminal Discovery—Constitutional Law.
The Supreme Court considered whether a trial court may order a third party to allow a criminal defendant discovery access to the third party's home. The Court first discussed the historical underpinnings of...
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