Legal Opinion · Concurring in part, dissenting in part

Axtell v. Park School District R-3

Colorado Court of Appeals

Decided February 5, 1998No. 97CA0286Published

1Concurring in part, dissenting in partTaubman, Judge

I concur with the majority in all respects except as to its determination in Part III A that the employment contract of plaintiff, Kristine E. Axtell, did not, as a matter of law, incorporate any benefits or obligations pursuant to the Certificated Personnel Performance Evaluation Act, § 22-9-101, et seq., C.R.S.1997 (Evaluation Act).

Private parties may incorporate a statutory scheme into a contract provided that such incorporation is not in violation of the constitution or public policy. See Pierce v. St. Vrain Valley School District RE-1J, 944 P.2d 646 (Colo.App.1997) (parties cannot by…

2Cases cited5 opinions

  1. Department of Health v. DonahueSupreme Court of Colorado · 1984
  2. Russell v. First Am. Mtg. Co.Colorado Court of Appeals · 1977
  3. Overland Development Co. v. Marston Slopes Development Co.Colorado Court of Appeals · 1989
  4. Pierce v. St. Vrain Valley School District RE-1JColorado Court of Appeals · 1997
  5. Denver Classroom Teachers Ass'n v. School District No. 1 in the City & County of DenverColorado Court of Appeals · 1995

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