Cline v. Rabson

ON PETITION FOR REHEARING

Judge DAVIDSON,

dissenting in part from the denial of petition for rehearing.

I would grant the petition for rehearing on Part I. I continue to agree, however, with the views expressed in Part II of that opinion.

I disagree with the holding that, when a public entity raises the issue of sovereign immunity in accordance with § 24-10-108, C.R.S. (1988 Repl.Vol. 10A), the trial court is precluded from taking evidence and adopting findings of fact. To the contrary, it is my opinion that in such circumstance the court is required to do so.

*6This conclusion is premised on the…