Appellate Overview

BHGR’s appellate practice group has significant experience and expertise in appellate cases in front of the Colorado Court of Appeals, the Colorado Supreme Court, and the 10th Circuit Court of Appeals.

Wins for the BHGR Appellate Team

IBM v. City of Golden, Colorado Court of Appeals

Partners Tom Merrigan and Heidi Potter won a sales and use tax appeal for the City of Golden, successfully defending a determination of the amount of sales and use tax owed by IBM Corporation to the City. The Court of Appeals ruled that IBM must pay sales and use tax for equipment, software, and all types of tangible personal property owned or sold by the firm in Golden between May 1, 2003 and December 31, 2005.

Connell Resources, Inc. v. Routt County, Colorado Court of Appeals

Partners Dan Gross, Jason Pink and Heidi Potter won a victory for Routt County in a breach of construction contract case involving work done by Connell Resources at the Yampa Valley Regional Airport between 2005 and 2006. Connell, an asphalt-paving contractor based in Fort Collins, sought $1.1 million in damages at trial. The case, while legally straightforward, was factually complex due to the technical nature of the work and the asphalt firm’s numerous intertwined claims and overlapping damage categories. After an eleven-day jury trial, the Appeals Court ultimately affirmed the trial court’s previously directed verdicts and Cost Award.

Town of Minturn, Colorado and Ginn Parties v. Sensible Housing Co., Colorado Supreme Court

Partners Josh Marks and Heidi Potter represented the Ginn Parties, owners of approximately 4,300 acres of land between Minturn and Red Cliff, Colorado, to contest the Court of Appeal’s application of the ‘Priority rule’ to annexation proceedings in 2010. The origins of the case trace back to a ‘quiet title litigation’ between the parties in 1998. The BHGR Appellate team successfully petitioned the Supreme Court to review the 2010 decision, arguing the Court of Appeals had erred in applying the rule to what is essentially a legislative action. Upon review, the Court agreed, returning the case to the Court of Appeals for remand to the district court.

We offer a full range of appellate services, including:

  • Consultation during trial to help you properly preserve issues for appeal
  • Drafting and filing interlocutory appeals
  • Help with post-trial procedures, motions, strategy, and deadlines
  • Selection of issues for appeal
  • Help understanding and navigating newly implemented e-filing procedures and policies
  • Drafting and filing notices of appeal
  • Designating the record on appeal and working with electronic records
  • Appellate briefing and motions practice
  • Creating e-briefs with links
  • Oral argument
  • Post-decisional procedures, strategy and deadlines
  • Petitions for certiorari

Our Appellate Attorneys: