classification triggering an intermediate standard (Colorado) · Go Syfert
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classification triggering an intermediate standard in Colorado

8 Colorado opinions name it 2 courts 1983–2012 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Regency Services Corp. v. Board of County Commissionersgreen
colo · 1991 · cited in 2 Colorado opinions naming this issue, 1995–1995
2 sentences

1995Regency Services Corp. v. Board of County Commissioners, 819 P.2d 1049, 1056 (Colo.1991) ("A regulatory scheme will be upheld as long as the classification is based on differences that are real ... and the classification is reasonably related to a legitimate state interest.") Since there is no fundamental right or suspect class involved here, the rational basis of review applies.

1995Regency Services Corp. v. Board of County Commissioners, 819 P.2d 1049,1056 (Colo.1991) (“A regulatory scheme will be upheld as long as the classification is based on differences that are real ... and the classification is reasonably related to a legitimate state interest.”) Since there is no fundamental right or suspect class involved here, the rational basis of review applies.

22
Lindsey v. Normetgreen
scotus · 1972 · cited in 4 Colorado opinions naming this issue, 1983–1989
2 sentences

1984“In the absence of a suspect classification, an infringement upon a fundamental right, or a classification triggering an intermediate standard of scrutiny, a statutory classification will be upheld as long as it has some reasonable basis in fact and bears a reasonable relationship to a legitimate governmental interest." Dawson by and through McKelvey v. Public Employees' Retirement Association, 664 P.2d 702 , 707 (Colo.1983); see also San Antonio School District, 411 U.S. 1 , 93 S.Ct. 1278 , 36 L.Ed.2d 16 ; Lindsey v. Normet, 405 U.S. 56 , 92 S.Ct. 862 , 31 L.Ed.2d 36 (1972). 10 .

1984“In the absence of a suspect classification, an infringement upon a fundamental right, or a classification triggering an intermediate standard of scrutiny, a statutory classification will be upheld as long as it has some reasonable basis in fact and bears a reasonable relationship to a legitimate governmental interest." Dawson by and through McKelvey v. Public Employees' Retirement Association, 664 P.2d 702 , 707 (Colo.1983); see also San Antonio School District, 411 U.S. 1 , 93 S.Ct. 1278 , 36 L.Ed.2d 16 ; Lindsey v. Normet, 405 U.S. 56 , 92 S.Ct. 862 , 31 L.Ed.2d 36 (1972). 10 .

14
DAWSON BY AND THROUGH McKELVEY v. PERAgreen
colo · 1983 · cited in 2 Colorado opinions naming this issue, 1984–1989
2 sentences

1989See Board of County Comm’rs v. Flickinger, 687 P.2d 975, 982 (Colo.1984); Austin v. Litvak, 682 P.2d 41, 49-50 (Colo.1984); Dawson by & through McKelvey v. Public Employees’ Retirement Ass’n, 664 P.2d 702, 708 (Colo.1983); see also Lindsey v. Normet, 405 U.S. 56, 70 , 92 S.Ct. 862, 872 , 31 L.Ed.2d 36 (1972).

1984“In the absence of a suspect classification, an infringement upon a fundamental right, or a classification triggering an intermediate standard of scrutiny, a statutory classification will be upheld as long as it has some reasonable basis in fact and bears a reasonable relationship to a legitimate governmental interest." Dawson by and through McKelvey v. Public Employees' Retirement Association, 664 P.2d 702 , 707 (Colo.1983); see also San Antonio School District, 411 U.S. 1 , 93 S.Ct. 1278 , 36 L.Ed.2d 16 ; Lindsey v. Normet, 405 U.S. 56 , 92 S.Ct. 862 , 31 L.Ed.2d 36 (1972). 10 .

12
Tassian v. Peoplegreen
colo · 1987 · cited in 1 Colorado opinions naming this issue, 1995–1995
1 sentence

1995See Tassian v. People, supra. Applying such a standard, we conclude that the Act does not violate plaintiffs’ right to equal protection.

11
Board of County Commissioners v. Flickingergreen
colo · 1984 · cited in 1 Colorado opinions naming this issue, 1989–1989
1 sentence

1989See Board of County Comm’rs v. Flickinger, 687 P.2d 975, 982 (Colo.1984); Austin v. Litvak, 682 P.2d 41, 49-50 (Colo.1984); Dawson by & through McKelvey v. Public Employees’ Retirement Ass’n, 664 P.2d 702, 708 (Colo.1983); see also Lindsey v. Normet, 405 U.S. 56, 70 , 92 S.Ct. 862, 872 , 31 L.Ed.2d 36 (1972).

11
Austin v. Litvakgreen
colo · 1984 · cited in 1 Colorado opinions naming this issue, 1989–1989
1 sentence

1989See Board of County Comm’rs v. Flickinger, 687 P.2d 975, 982 (Colo.1984); Austin v. Litvak, 682 P.2d 41, 49-50 (Colo.1984); Dawson by & through McKelvey v. Public Employees’ Retirement Ass’n, 664 P.2d 702, 708 (Colo.1983); see also Lindsey v. Normet, 405 U.S. 56, 70 , 92 S.Ct. 862, 872 , 31 L.Ed.2d 36 (1972).

11
San Antonio Independent School District v. Rodriguezgreen
scotus · 1973 · cited in 1 Colorado opinions naming this issue, 1984–1984
2 sentences

1984“In the absence of a suspect classification, an infringement upon a fundamental right, or a classification triggering an intermediate standard of scrutiny, a statutory classification will be upheld as long as it has some reasonable basis in fact and bears a reasonable relationship to a legitimate governmental interest." Dawson by and through McKelvey v. Public Employees' Retirement Association, 664 P.2d 702 , 707 (Colo.1983); see also San Antonio School District, 411 U.S. 1 , 93 S.Ct. 1278 , 36 L.Ed.2d 16 ; Lindsey v. Normet, 405 U.S. 56 , 92 S.Ct. 862 , 31 L.Ed.2d 36 (1972). 10 .

1984“In the absence of a suspect classification, an infringement upon a fundamental right, or a classification triggering an intermediate standard of scrutiny, a statutory classification will be upheld as long as it has some reasonable basis in fact and bears a reasonable relationship to a legitimate governmental interest." Dawson by and through McKelvey v. Public Employees' Retirement Association, 664 P.2d 702 , 707 (Colo.1983); see also San Antonio School District, 411 U.S. 1 , 93 S.Ct. 1278 , 36 L.Ed.2d 16 ; Lindsey v. Normet, 405 U.S. 56 , 92 S.Ct. 862 , 31 L.Ed.2d 36 (1972). 10 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Mosgrove v. Town of Federal Heights green
colo · 1975
2 sentences

1983See, e.g., San Antonio School District v. Rodriguez, supra; Lindsey v. Normet, 405 U.S. 56 , 92 S.Ct. 862 , 31 L.Ed.2d 36 (1972); Heninger v. Charnes, supra; Mosgrove v. Town of Federal Heights, 190 Colo. 1 , 543 P.2d 715 (1975).

1983See, e.g., San Antonio School District v. Rodriguez, supra; Lindsey v. Normet, 405 U.S. 56 , 92 S.Ct. 862 , 31 L.Ed.2d 36 (1972); Heninger v. Charnes, supra; Mosgrove v. Town of Federal Heights, 190 Colo. 1 , 543 P.2d 715 (1975).

21983–1983
Krueger v. Ary green
colo · 2009
1 sentence

2012As support for this proposition, plaintiffs cite only CJI-Civ. 12:4, which they contend imposes on a landowner a duty to "exercise reasonable care to protect persons like [the] plaintiff from injury." As noted above, this jury instruction is not binding Colorado law, Krueger, 205 P.3d at 1154 , and plaintiffs have not provided us with any Colorado precedent that would establish that duty of care. (35 We disagree that the "reasonable care" standard imposed on landowners as to trespassing children under the attractive nuisance doctrine is a higher standard of care than is owed to child invitees

12012–2012

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 24-4-106 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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