Spencer Fane attorney Jacob Hollars recently outlined the impact of County of Jefferson v. Stickle, a Colorado Supreme Court case in which the definition of “building” as used in the Colorado Governmental Immunity Act was affirmed, in an article published by Law Week Colorado.
In the article, Colorado Supreme Court Clarifies What Structures are a “Building” for Purposes of Waiver of CGIA Immunity, Jacob explains the importance of the Colorado Supreme Court reiterating its nearly 65-year-old precedent holding that “all stationary structures within Colorado, no matter of what substance they may be constructed, are within the term building, so long as they are designed for use in the position in which they are fixed.”
Based on this holding, the court went on to conclude that the plaintiff’s personal injury claims against the county could proceed under the premises liability exception to CGIA immunity. In other words, generally, no immunity exists for premises liability suits against Colorado governments.
Jacob noted, “The Stickle decision could have broad ramifications for many other areas, such as land use law, where many statutes and ordinances refer to and affect “buildings.” The Colorado Supreme Court’s clear adoption of an expansive definition of that term could lead local governments to assert land use authority over a larger set of structures than they traditionally have.”
At the firm, Jacob is a trial and appellate lawyer specializing in real estate, special district, and commercial matters. He represents clients through all phases of litigation on a wide variety of matters in both state and federal courts.
Read the full article in Law Week Colorado here. Please note, a subscription may be required.
