|
Colin Deihl focuses on civil trial practice and complex commercial disputes with an emphasis on environmental, land use, and real estate cases. Colin has represented clients in a wide variety of businesses including construction, real estate, waste management, broadcast television, professional sports, vacation rentals, homeowners associations, telecommunications, oil and gas, computer technology, brewing, and non-profit foundations. Representative experience includes the following: Representation of clients in Superfund litigation, including defense of The Industrial Company in a multi-million dollar contribution action arising out of the Summitville mine site Argued summary judgment motion for Fluor Hanford, Inc. in U.S. District Court for Eastern District of Washington in which court declared a Washington state statute unconstitutional under the dormant commerce clause (2006),Won a $23 million jury verdict on behalf of Bangert Brothers Construction Company on breach of contract and fraud claims regarding construction of Denver International Airport Lead trial counsel for hunter group in first case in the U.S. in which a court recognized a cause of action under 42 U.S.C. 1983 to enforce rights created by the Pittman Robertson Act. Sportsman�s Wildlife Defense Fund v. U.S. Department of Interior, 949 F. Supp. 1510 (D. Colo. 1996), Lead trial counsel for Kinder Morgan, Inc. in the successful defense of a multi-million dollar arbitration claim for alleged breaches of environmental representations and warranties (2005),Lead trial counsel in case involving breach of settlement agreement in which court ruled opposing side had breached agreement and awarded attorneys fees to client Advised client in dispute concerning allocation of utility charges Represented several broadcast television stations before administrative agencies and in state court in disputes involving the location of telecommunications towers Advised clients in connection with land-use conflicts involving operating oil and gas facilities Represented numerous large land owners in disputes concerning easements, public road issues, and adverse possession, including cases in Routt, Montrose, San Miguel, Pitkin, Gilpin, Teller, Jefferson, Denver, Mesa, Douglas and Boulder counties Represented landowner in specific performance lawsuit concerning alleged breach of real estate purchase and sale agreement Represented developers in disputes with municipalities and other land owners over development agreements Represented landowners in condemnation lawsuits, including trial counsel on parcel at I-25 and Evans in which the client was awarded over $3 million more than condemner�s value testimony at trial Represented Browning Ferris Industries in a U. S. District Court action involving violations of the dormant commerce clause in connection with a flow control scheme Represented Anheuser-Busch in discussions with the City of Ft. Collins concerning storm water and land use issues associated with the brewery site in Ft. Collins, Colorado Represented condominium association in action involving foreclosure on assessment lien in which owner appealed case to Colorado Supreme Court Defended clients in several alleged fraudulent transfer actions Successful defense of Colorado Rockies Baseball Club in a Bankruptcy Court fraudulent transfer claim concerning the valuation of the Rockies franchise Won summary judgment in a case of first impression under the Wilderness Act concerning the use of permanent outfitter campsites in the River of No Return Wilderness in Idaho and won all attorneys fees under the Equal Access to Justice Act Successfully represented the American Lung Association in administrative hearing before the Colorado Air Quality Control Commission in which the Commission voted to adopt a strict PM-10 pollution cap for the Denver Metro Area Won summary judgment on behalf of US West based on filed tariff doctrine in case involving resale of local phone service in Iowa Industry Brewing Broadcast Television Computer Technology Construction Homeowners Associations Mining Non-Profit Foundations Oil and Gas Professional Sports Real Estate And Development Telecommunications Waste Management Education J.D., Harvard University (1990), cum laude, Editor, Environmental Law Review B.A., University of Vermont (1985), Phi Beta Kappa, summa cum laude Publications Citizen Suits: Public Interest or Private Advocacy Rocky Mountain Mineral Law Foundation (2000) Editor, Continuing Legal Education Manual Colorado Environmental Law, Federal Publications, Inc. (1994) Antarctica: An International Laboratory 18 Boston College Environmental Affairs Law Review 423-456 (1991) co-author, The First Applications of the Nollan Nexus Test: Observations and Comments13 The Harvard Environmental Law Review 585-606 (1989) Wildlife and the Maasai: The Story of East African Parks 9 Cultural Survival Quarterly 37-40 (1985) Presentations Zoning Authority, Procedures and Judicial Review Rocky Mountain Land Use Institute (2005), A Primer on Local Government Regulations of Land Use and Development Rocky Mountain Land Use Institute (2001), A Primer on Local Government Regulation of Land Use Rocky Mountain Land Use Institute (2000 and 2001) Managing Growth in Montana Montana League of Cities and Towns (2000), Recent Developments in Urban Renewal Rocky Mountain Land Use Institute (1999). | 