Carney v. CIVIL SERVICE COM'N

Decision Date19 July 2001
Docket NumberNo. 00CA0144.,00CA0144.
Citation30 P.3d 861
PartiesClifford CARNEY, Gregory Cook, and Donna Starr-Gimeno, Plaintiffs-Appellees and Cross-Appellants, and Kevin Smith, Plaintiff-Appellee, v. CIVIL SERVICE COMMISSION, City and County of Denver, Colorado; Kristopher Colley, Christopher Olson, Ellen Realth, Paula Sandoval, and Edward Sullivan, its Commissioners; Paul G. Torres, its Executive Director; Tom Sanchez, Chief of Police, City and County of Denver, Colorado; Fidel "Butch" Montoya, Jr., Manager of Safety, City and County of Denver, Colorado; Patrick Carver; Roger Barker; and Kenneth Chavez, Defendants-Appellants and Cross-Appellees.
CourtColorado Court of Appeals
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23 cases
  • People ex rel. Vivekanathan
    • United States
    • Colorado Court of Appeals
    • October 24, 2013
    ...with Ofengand, 183 P.3d at 691–92 (issue was capable of repetition because it was “likely” to recur), and Carney v. Civil Serv. Comm'n, 30 P.3d 861, 864 (Colo.App.2011) (issues were capable of repetition because it was “likely” that the predicate fact would recur).Additionally, at least two......
  • People v. Vivekanathan
    • United States
    • Colorado Court of Appeals
    • October 24, 2013
    ...with Ofengand, 183 P.3d at 691-92 (issue was capable of repetition because it was "likely" to recur), and Carney v. Civil Serv. Comm'n, 30 P.3d 861, 864 (Colo. App. 2011) (issues were capable of repetition because it was "likely" that the predicate fact would recur). Additionally, at least ......
  • Colo. Health Consultants v. City & Cnty. of Denver
    • United States
    • Colorado Court of Appeals
    • September 6, 2018
    ...We must uphold the Department’s decision unless there is no competent evidence in the record to support it. Carney v. Civil Serv. Comm’n , 30 P.3d 861, 863 (Colo. App. 2001).2 "No competent evidence" means that the Department’s decision is "so devoid of evidentiary support that it can only ......
  • PEOPLE EX REL. H.
    • United States
    • Colorado Court of Appeals
    • May 22, 2003
    ...evading review and that the case involves a matter of great importance or recurring constitutional violation. See Carney v. Civil Service Comm'n, 30 P.3d 861 (Colo.App.2001). We agree that both exceptions apply to this The Colorado Children's Code (Code) vests exclusive original jurisdictio......
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5 books & journal articles
  • ARTICLE 16 COSTS CIVIL ACTIONS
    • United States
    • Colorado Bar Association C.R.S. on Family and Juvenile Law (CBA) Title 13 Courts and Court Procedure
    • Invalid date
    ...intent that the prevailing party in a C.R.C.P. 106(a)(4) action must be awarded reasonable costs. Carney v. Civil Serv. Comm'n, 30 P.3d 861 (Colo. App. 2001). Section allows a prevailing plaintiff in a C.R.C.P. 106(a)(4) action to recover costs against the state, its officers, or agencies. ......
  • ARTICLE 16
    • United States
    • Colorado Bar Association C.R.S. on Family and Juvenile Law (2022 ed.) (CBA) Title 13 Courts and Court Procedure
    • Invalid date
    ...intent that the prevailing party in a C.R.C.P. 106(a)(4) action must be awarded reasonable costs. Carney v. Civil Serv. Comm'n, 30 P.3d 861 (Colo. App. 2001). Section allows a prevailing plaintiff in a C.R.C.P. 106(a)(4) action to recover costs against the state, its officers, or agencies. ......
  • Rule 57 DECLARATORY JUDGMENTS.
    • United States
    • Colorado Bar Association Colorado Rules of Civil and Appellate Procedure (CBA)
    • Invalid date
    ...provided under C.R.C.P. 106(a)(4). Denver Ctr. for Performing Arts v. Briggs, 696 P.2d 299 (Colo. 1985); Carney v. Civil Serv. Comm'n, 30 P.3d 861 (Colo. App. 2001). Plaintiffs' claim for declaratory relief asserting that planning commission did not provide sufficient notice to them of a pe......
  • Rule 106 FORMS OF WRITS ABOLISHED.
    • United States
    • Colorado Bar Association Colorado Rules of Civil and Appellate Procedure (CBA)
    • Invalid date
    ...928 P.2d 826 (Colo. App. 1996); 3 Bar J Homeowners Ass'n., Inc. v. McMurry, 967 P.2d 633 (Colo. App. 1998); Carney v. Civil Serv. Comm'n, 30 P.3d 861 (Colo. App. 2001). Because plaintiff's original complaint did not seek review under section (a)(4), his amended complaint seeking such relief......
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