Recent Litigation

Town of Frederick v. Town of Erie in the Court of Appeals
On May 11, 2010, Rick Samson and Cyril Vidergar defended the Town of Frederick in
an appeal by the Town of Erie to the Court of Appeals over an annexation.
Rick and Cyril have the distinction of being the first attorneys to appear before
the Court of Appeals in their new courtroom.

SMT, et al vs. the Town of Frederick, Colorado in Weld County
Rick Samson, as lead counsel, defended the Town of Frederick in a challenge to an
annexation, winning on a Motion to Dismiss.

Rainwater v. Heritage Place Townhomes Assn. (Weld County District Court)
Rich Marsh successfully defended HOA against unit owner claims for accounting and conflict
of interest, and obtained trial court award of attorneys fees and costs for the HOA.

The Town of Erie vs. the Town of Frederick in Weld County
Rick Samson, as lead counsel, successfully defended the Town of Frederick in
another challenge to an annexation, winning after a three-day trial to the Court in
which the trial judge directed us to request an award of attorney fees for our client.

Vale View Development Company vs. the Town of Mead in Weld County
Rick Samson and Scott Oliver successfully defended the Town in an action brought by
the developer to force the Town to accept substandard streets in a subdivision. After
a three-day trial to the Court, the Court ruled that the developer had violated the
Development Agreement, that the Town did not have to accept the streets and directed
the Town to request an award of attorney fees for our clients.

SECC v. Winfrey. (Colo.App.)
On appeal, Rich Marsh successfully obtained order vacating $1M+ judgment against business
owner/operator in alter ego and similar claims arising from construction of Denver's southeast
transportation corridor.

Vaughan v. Chilson and Kavnar in Boulder County
Rick Samson and Scott Oliver successfully brought a quiet title action to protect our
client’s right to an historic stone garage. The trial judge awarded the title after a
three-day trial.

Michalski v. Duvall. (U.S.Bkr.Ct./Colo.)
Rich Marsh successfully represented plaintiffs in obtaining summary judgment in bankruptcy
non-discharge proceeding on debtors' liability for falsely procuring lease of plaintiffs' real
property and other claims.

The Great Western Railway of Colorado, LLC v. Newcomb, et al in Weld County
Rick Samson and Scott Oliver successfully concluded an adverse possession case against
the railroad in which we secured title to our clients’ property which saved our clients
the considerable expense of litigation while securing a favorable outcome.

Pure Research Products, LLC v. Allergy Research Group, Inc. (U.S. District Court/Colo)
Rich Marsh successfully obtained federal court jury verdicts for plaintiff on Lanham Act
claims for unfair competition and false advertising.

CDL v. Careers Worldwide. (Dept.of Revenue/Colo)
In proceeding before Colorado Department of Revenue, Rich Marsh successfully defended business
license of truck driver training and testing company against agency claims for revocation.

Rocky Mtn. Conference of The United Methodist Church v. Kendall.
As general counsel, Rich Marsh successfully represented the Conference throughout protracted
church trial and appeal proceedings concerning clergy misconduct and de-credentialing.