Insights

Denver, Colorado – Otten Johnson Robinson Neff + Ragonetti PC (Otten Johnson) is pleased to announce the addition of Trevor A. Crow as an associate. Trevor received his J.D. from the University of Denver’s Sturm College of Law in 2009 and an LL.M. in Tax in 2010. Trevor graduated with a B.S. in Business Administration from CU Boulder. He will focus his practice on business transaction and tax law.

It is not uncommon, especially in the retail context, for a tenant to request exclusive use rights in the negotiation of a lease. A tenant operating an ice cream parlor, for example, may want assurances that the landlord will not lease other space in the shopping center to other tenants who may also sell ice cream. This seemingly simple provision, however, may not prove to be so easy to implement in practice.

Colorado maintains a very strong mechanic’s lien statute designed to ensure that construction and design professionals receive the payments to which they are entitled. Generally, anyone who performs services or labor is entitled to a lien against the subject property; to secure payment of the amounts to which they are contractually entitled. The statute defines the parties entitled to a mechanic’s lien very broadly. It includes laborers, architects, engineers, contractors, sub-contractors, and anyone who provides materials to a project.

Most in the business world are familiar with the concept of a statute of limitation. A statute of limitation bars claims which are not asserted within a certain period of time after the accrual of a cause of action. Accrual of a cause of action generally occurs upon discovery of an injury or damage.It is not uncommon in business disputes for parties to agree to

Over the course of 101 years, from 1875 to 1976, the federal government granted railroad companies rights of way across the United States under the General Railroad Right-of-Way Act of 1875. Stretching thousands of miles and connecting the coasts, these rights of way served an integral role in the country’s economic development and westward expansion. Later, as railroad use dwindled, railroad companies frequently abandoned these rights of way. When this occurs, what happens to the right of way?

Since the late 1990s, several states have enacted statutes allowing for the creation of Domestic Asset Protection Trusts, or “DAPTs.” A DAPT is an irrevocable trust under which (a) the person creating the trust can be a beneficiary and (b) under certain conditions, the assets of the trust cannot be reached by that person’s creditors.

Railroad Rights-of-Way Granted Under 1875 Act are Easements that Terminate When Abandoned, Making Way for Possible Takings Claims by Owners of Underlying LandOver the course of 101 years, the federal government granted railroad companies rights-of-way stretching thousands of miles across the United States under the General Railroad Right-of-Way Act of 1875 (the

February 12, 2014 – Otten Johnson Robinson Neff + Ragonetti PC has added Michelle M. Maynard as the firm’s Director of Administration. Michelle comes to Otten Johnson with over twenty years of experience in various administrative positions; both in law firms and as a consultant. Her educational background includes an MBA from the University of Colorado and a BSBM from the University of Phoenix.

In December, the Colorado Court of Appeals rendered an unpublished decision in Countryside Community Association, Inc. v. Pulte Home Corporation. Developers of communities falling within the Colorado Common Interest Ownership Act (CCIOA) should take note of the court’s ruling, as the ruling confuses certain provisions of CCIOA.