Court Opinion: Colorado Court of Appeals Opinions for March 28

Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.

Stalder v Colorado Mesa University


Dustin Stalder appealed the district court’s order granting judgment in favor of Colorado Mesa University on his claims under the Americans with Disabilities Act, 42 U.S. Code 12182 and the Colorado Anti-Discrimination Act, as well as his intentional infliction of emotional distress claim. 

Stalder argued genuine disputed issues of material fact necessarily precluded the grant of summary judgment in CMU’s favor on any of his claims. 

The Colorado Court of Appeals rejected the application of the “legitimate suspicions” doctrine for the first time in a Colorado appellate case. 

The appeals court reversed the grant of summary judgment on the ADA and CADA claims, and it affirmed the judgment of the IIED claim. 

Simpson v. City of Durango 

Faye Harmer, in her official capacity as the clerk of the city of Durango, appealed the district court’s judgment requiring the city to make available for public inspection a draft financial report under the Colorado Open Records Act. 

The Colorado Court of Appeals concluded the draft report wasn’t exempt from CORA’s disclosure requirements because it wasn’t “[w]ork product prepared for elected officials.” 

The appeals court affirmed the judgment. 

Colorado Department of State v. Unite for Colorado

The Colorado Department of State appealed the district court’s determination that Unite for Colorado didn’t have a major purpose of supporting or opposing any ballot initiative in the 2020 election. 

The Colorado Court of Appeals, construing the now repealed and replaced statutory scheme applicable to the 2020 dispute, concluded DOS had authority to consider the organization’s ballot initiative spending in the aggregate, as opposed to considering its spending on a proposition-by-proposition basis. 

The appeals court reversed the decision and remanded with instruction to reinstate DOS’ final decision.

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