Colorado v. Hall, Case No. 2014CA1368, Notice of Appeal

COLORADO COURT OF APPEALS 2 East 14th Ave., Denver, Colorado 80203

COURT USE ONLY

Appeal from District Court, Boulder County, Colorado, Case No. 14CV30833, Hon. Andrew Hartman PLAINTIFF/APPELLANT: STATE OF COLORADO, v. DEFENDANT/APPELLEES: HILLARY HALL, in her official capacity as Boulder County Clerk and Recorder, and

JOHN W. SUTHERS, Attorney General DANIEL D. DOMENICO, Solicitor General* MICHAEL FRANCISCO, Asst Solicitor General* LEEANN MORRILL, First Asst Attorney General* Colorado Department of Law Ralph L. Carr Colorado Judicial Center 1300 Broadway, 10th Floor Denver, CO 80203 Telephone: (720) 508-6551 Email: [email protected]; [email protected]; [email protected] *Counsel of Record Registration Numbers: 32038, 39111, 38742

Case Number:____________

STATE OF COLORADOS NOTICE OF APPEAL

DATE FILED: July 21, 2014 10:26 AM FILING ID: 5138996BA8D6D CASE NUMBER: 2014CA1368

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APPELLANT, the State of Colorado (State), submits the

following Notice of Appeal.

1. BRIEF DESCRIPTION OF THE NATURE OF THE CASE

A. General Statement of the Nature of the Controversy.

Article II, section 31 of the Colorado Constitution provides, Only

a union of one man and one woman shall be valid or recognized as a

marriage in this state. Likewise, section 14-2-104(1)(b), C.R.S. provides

that marriage is valid only if it is between one man and one woman.

(collectively, State Marriage Laws). Following the announcement of

the U.S. Tenth Circuit Court of Appeals decision in Kitchen v. Herbert,

No. 13-4178 (10th Cir. June 25, 2014), striking down Utahs ban on

same-sex marriage, Defendant Hillary Hall, in her official capacity as

the Boulder County Clerk and Recorder (Boulder Clerk) began issuing

same-sex marriage licenses in violation of the State Marriage Laws.

The State filed a Verified Complaint and Motion for Temporary

Restraining Order and Preliminary Injunction against the Boulder

Clerk, seeking to stop the illegal marriage licenses from issuing. On

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July 10, 2014, the Boulder County district court denied the States

request (July 10 Order). The State appeals under C.A.R. 1(a)(3).

B. Judgment Being Appealed and Basis for Jurisdiction.

The State appeals from the July 10 Order. A copy of the July 10

Order is attached hereto as Appendix A. This Court has jurisdiction

under C.A.R. 1(a)(3), because the July 10 Order denied the States

request for a temporary injunction.

C. Statement Whether the Judgment Resolved All Issues

The July 10 Order resolved the Plaintiff-Appellants claim for a

preliminary injunction and hence is an appealable denial of a

temporary injunction. C.A.R. 1(a)(3). The Verified Complaint contains

additional claims.

D. Statement Whether the Judgment Was Made Final Pursuant to C.R.C.P. 54(b).

The Order was a denial of a temporary injunction and thus

C.R.C.P. 54(b) is not applicable.

E. Date Judgment Was Entered and Mailing Date of Order.

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The Order on Appeal is dated July 10, 2014. Copies of the Order

were provided to counsel on the same day.

F. Extensions of Time for Motions for Post-Trial Relief.

None.

G. Date of Any Motion for Post-Trial Relief.

None.

H. Date Any Motion for Post-Trial Relief Was Denied or Deemed Denied.

None.

I. Any Extensions of Time to File Notice of Appeal.

None.

2. ADVISORY LIST OF ISSUES ON APPEAL

Whether the district court erred by failing to grant a temporary

restraining order and preliminary injunction barring the Boulder

Clerk from issuing same-sex marriage licenses in violation of the

State Marriage Laws while their constitutionality continues to be

litigated in other forums.

3. TRANSCRIPT

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A transcript of the evidentiary hearing held before the Boulder

County district court on July 9, 2014, will be ordered. Because it may be

necessary to resolve the issues raised on appeal the State requests it be

included in the record on appeal. The length of the transcript is

unknown at this time, however the evidentiary hearing lasted less than

half a day.

4. PREARGUMENT CONFERENCE

The State does not request a preargument conference.

5. COUNSEL FOR THE PARTIES

Appellant/Plaintiff State of Colorado:

Daniel D. Domenico, Reg. No. 32038 Solicitor General Michael Francisco, Reg. No. 39111 Assistant Solicitor General LeeAnn Morrill, Reg. No. 38742 First Assistant Attorney General Colorado Department of Law Ralph L. Carr Colorado Judicial Center 1300 Broadway, 8th Floor Denver, Colorado 80203 Telephone: (720) 508-6000 (Main)/ 6559 (Domenico)/6551 (Francisco)/ 6159 (Morrill) Fax: (720) 508-6030

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Defendant/Appellee Hillary Hall: David E. Hughes, Reg. No. 24425 Deputy County Attorney BOULDER COUNTY ATTORNEY P.O. Box 471 Boulder, Colorado 80306

Telephone: (303) 441-3190 Fax: (303) 441-4794 APPENDIX

The July 10 Order is attached as Appendix A to this Notice of

Appeal.

STATEMENT REGARDING COST BOND UNDER C.A.R. 7

No cost bond under C.A.R. 7 is required because the Appellant is

the State. See C.A.R. 39(b) (costs not awardable against the state or

agency thereof unless otherwise authorized by law).

Respectfully submitted this 211st day of July, 2014. JOHN W. SUTHERS Attorney General

s/ Michael Francisco MICHAEL FRANCISCO* Assistant Solicitor General Attorneys for Plaintiff/Appellant

*Counsel of Record

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APPENDIX

A. July 10, 2014 Order

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CERTIFICATE OF SERVICE

This is to certify that I have duly served the foregoing STATE OF COLORADOS NOTICE OF APPEAL upon the following parties or their counsel electronically via ICCES, or via electronic mail, at Denver, Colorado this 21st day of July, 2014, addressed as follows: David E. Hughes BOULDER COUNTY ATTORNEYS OFFICE P.O. Box 471 Boulder, Colorado 80306

s/Michael Francisco

Colorado v. Hall, Case No. 2014CA1368, Notice of Appeal

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Transcript of Colorado v. Hall, Case No. 2014CA1368, Notice of Appeal