Legal Opinion

v. State of Colorado

Supreme Court of Colorado

Decided January 22, 2019No. 17SA220, AllenPublishedCited by 3 opinions

1Opinion of the Court

JUSTICE GABRIEL delivered the Opinion of the Court.

¶1 This case concerns whether a water court has jurisdiction to consider a claim for inverse condemnation alleging a judicial taking of shares in a mutual ditch company. The water court dismissed plaintiff-appellant Sam Allen's inverse condemnation claim, concluding that his claim was "grounded in ownership and the conveyance of that ownership, not use," and therefore the claim was not a water matter within the exclusive jurisdiction of the water court. We agree and thus affirm the water court's dismissal order.

I. Facts and Procedural History

¶…

2Cases cited6 opinions

  1. Tonko v. MallowSupreme Court of Colorado · 2007
  2. Humphrey v. Southwestern Development Co.Supreme Court of Colorado · 1987
  3. Crystal Lakes Water & Sewer Ass'n v. BacklundSupreme Court of Colorado · 1996
  4. Southern Ute Indian Tribe v. King Consolidated Ditch Co.Supreme Court of Colorado · 2011
  5. Bijou Irrigation District v. Empire ClubSupreme Court of Colorado · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Robert Kint Glover, Gerald Kiefer, Marjorie R. Kiefer Marital Trust, Blair A. Kiefer Family Trust, Jane Raeleen Dunn, Friday LLC, and The Estate of Robert Kint Glover, Plaintiffs-Appellants: v. Serratoga Falls LLC Resource Land Holdings LLC Jesse McDowell Town of Timnath Kitchel Lake Development Corporation Kitchel Lake Partners, LLC James Righeimer Lee Lowrey and Kenneth Mitchell. Defendants-Appellees: and Gregory Cucarola, Appellant:Supreme Court of Colorado · 2021
  2. Innis v. InnisColorado Court of Appeals · 2024
  3. Peo v. PeifferColorado Court of Appeals · 2021

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