Legal Opinion · Dissent

Shigo, LLC v. Hocker

Colorado Court of Appeals

Decided February 27, 2014No. Court of Appeals No. 13CA0094Published

1Dissent

JUDGE BOORAS,

dissenting.

{ 19 I respectfully dissent from the majority's decision that water rights evidenced by shares in a mutual ditch company qualify as exempt from levy and execution by creditors under Colorado's homestead exemption statute. The majority reasons that by including a "farm" as property subject to the homestead exemption, the General Assembly in*427tended to include irrigation water rights that are necessary to grow crops. I disagree that the statutory homestead exemption was intended to shield mutual ditch company stock shares.

I. Whether Water Rights in Colorado Are…

2Cases cited20 opinions

  1. East Ridge of Fort Collins, LLC v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 2005
  2. Welby Gardens v. Adams County Bd. of EqualizationSupreme Court of Colorado · 2003
  3. Board of County Commissioners v. Park County Sportsmen's Ranch, LLPSupreme Court of Colorado · 2002
  4. Arnett v. LinhartSupreme Court of Colorado · 1895
  5. People v. EmmertSupreme Court of Colorado · 1979

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