Aspen, CO
Aviation Lawyer at Aspen, CO
Practice Areas: Aviation, Commercial ... +16 more
OUTCOME: Court of Appeals reversed and remanded case for Section 1988 Fees in Successful Constitutional Challenge
Court of Appeals reversed and remanded case for Section 1988 Fees in Successful Constitutional Challenge
OUTCOME: Outcome: Supreme Court agreed with our Client that Recall Section of Colorado Constitution violated United States Constitution.
Practice Areas: Constitutional Law/Elections/Civil Rights Matt Ferguson represented the Libertarian Party of Colorado during the Senate Districts 3 and 11 recall elections of two State Senators – who ... were eventually recalled. Matt posed a question to the Colorado Secretary of State and the Attorney General concerning the [un]constitutionality of a prior participation requirement on the ballot. Based on our research and position, Governor John Hickenlooper then posed a rare and emergency Article VI, section 3, question to the Supreme Court, which has original jurisdiction over certain constitutional issues. The Supreme Court first accepted the Governor’s question -as posed by the this firm - because it was an important question specifically asking the Supreme Court whether a Colorado Constitutional provision governing the operation of recall elections conflicts with the U.S. Constitution. The posing and then acceptance of the interrogatory are in and of themselves very rare events. Colorado’s high court then agreed with our client’s position and struck down the provision contained in Section 3 of Article XXI of the Colorado Constitution which required that, in the case of a recall election, the question of whether a particular incumbent should be recalled from office be on the same ballot as the list of replacements for that incumbent. Importantly, this section of the state constitution also required that, for a voter to be eligible to vote on who should replace the recalled incumbent, the voter must also vote on the question of whether the incumbent should be removed from office. The Supreme Court held that this “prior participation requirement” unconstitutionally compelled voters to express a view on the question of whether or not to recall an elected official. The Colorado Supreme Court thus found that Article 21 § XXI of the Colorado Construction requiring that “no vote cast shall be counted for any candidate for such office, unless the voter also voted for or against a recall of such persons sought to recall from said office, conflicts with the First and Fourteenth Amendments to the United States Constitution.” The Court held: “[T]he United States Supreme Court’s precedent (and common sense) make clear that virtually no regulation that compels voters to take a position can pass constitutional muster.” This was a fascinating piece of a larger elections and constitutional law case – and we could find no case on Colorado of this having occurred before.
OUTCOME: Victorious challenge of Colorado’s new omnibus election laws.
Denver District Court Judge Robert McGahey ruled for the plaintiffs (and more importantly, for the primacy of the state Constitution over poorly-written legislation) in the legal challenge to premature ... ly restricted ballot access and mandate for “all-mail-in” ballots in Colorado’s historic Recall elections brought by the Colorado Libertarian Party (LPCO).
OUTCOME: Reversed by Supreme Court; Trial Court Upheld on No Bid Rigging Finding
June 22, 2012 - COLORADO – Aspen Lawyer -- Matthew C. Ferguson now of the Matthew C. Ferguson Law Firm, Aspen, Colorado successfully argued for Colorado Supreme Court reversal of the Colorado Court of ... Appeals finding of bid rigging by attendees at a foreclosure sale in Pitkin County, Florida. Aspen Attorney Matt Ferguson won the case at the trial level proving that the members of an LLC formed after the Public Trustee foreclosure sale by 3 bidders had not bid rigged. Ferguson represented the LLC that was deemed by the Pitkin County Public Trustee to have been the successful high bidder at the 2007 foreclosure sale in Pitkin County. The Property Owner launched a series of challenges to the foreclosure sale against the Pitkin County Public Trustee, the foreclosing bank and then Ferguson's client. Ferguson defended all those proceedings in the Pitkin County, District Court.
OUTCOME: Settled very favorably for plaintiff clients just before trial
Failure of lateral support cuased by excavation on Aspen Mountail for major developement. Represented homeowner plaintiffs -- complex geotechnial issues.
OUTCOME: Successful recievership and foreclosure of a major Aspen development. Lender liability claims dismissed on motion; fees application to be pursued. Successful sale of asset.
Series of actions by client bank against developer borrower on multi million dollar loan default. Case pursued successfully through recievership, bankruptcy, foreclosure and retaliatory lender liabilit ... y claims.
OUTCOME: Settled favorably for 100% of Deposits -- Approx. $15.0 Million
Represented 56 plaintiffs -- contract buyers of Fractional interest in a Viceroy Hotel Snowmass Village. Devoloper had delivered units with smaller square footage. Won liability case on summary judgmen ... t motion and defendants were found liable under the Interstate Land Sales Full Disclosure Act. Deposits returned in full and attorneys fees and interest awarded.
OUTCOME: Arbitration Award for all repair costs in excess of $550,000
Represented developer of golf couse and infrastructure for major I-70 area high hend development. Builder failed to adequately backfill trench lines causing road system to fail.
OUTCOME: Very favorable Jury verdict in favor of plaintiff client for maximum damges and an award for all fees and costs. Verdict amopunt and attorneys fees all paid.
Breach of contract, breach of fiduciary duty and conversion case. Represented plaintiff real estate brokerage company in connection with managing brokers departure with corporate assets.
OUTCOME: Jury Verdict for client; successful on appeals. One claim remains.
Successful eviction of hold out tenant in major Aspen renewal project spearheaded by Klaus Obermeyer. Tenat trried to extract money and concessions with threats to stall project.