The El Paso County Bar Association

Proudly Serving the Pikes Peak Region Since 1902


Solo Small Firm CLE: Suing the Governor: Can He or Can’t He?

  • 24 Feb 2021
  • 12:00 PM - 1:00 PM
  • Virtual

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  • Pricing for attendees who are not members of the El Paso County Bar.

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Suing the Governor: Can He or Can’t He?

CLE: 1 General

Presenters: John Finger and David Margrave

1. Evictions: Can the Governor Curtail a Landlord’s Right to Evict Based on Nonpayment of Rent?

  • An overview of the Colorado Emergency Declaration Act, C.R.S. § 13-40-101, et seq.
  • A review of Gov. Polis’ executive orders pertaining to evictions.
  • A review of 1203 Rockwell LLC et al v. Polis, 2020CV481
  • How does a party serve the governor?
  • Case law both statewide and nationwide pertaining to governors’ powers in this area.

2. Stay-At-Home Orders: Can the Governor Order Them?

  • A review of Gov. Polis’ executive order(s) requiring Coloradans to stay at home, particularly D- 2020-017.
  • Case law both statewide and nationwide pertaining to governors’ powers in this area.

3. Face Coverings: Can the Governor order Coloradans to Wear them?

  • A review of Gov. Polis’ executive order requiring Coloradans to wear face coverings, and the extensions of those orders, particularly D-2020-138 et seq.
  • Case law both statewide and nationwide pertaining to governors’ powers in this area.

John Finger credentials: John Finger’s practice consists mainly of real estate matters and estate planning. He has done many hundreds of evictions, mostly representing landlords but occasionally representing tenants against bad landlords. He is also a landlord. He brought suit against Gov. Polis regarding the executive orders affecting landlord-tenant law during the COVID-19 pandemic.

David Margrave credentials: Mr. Margrave’s practice focuses upon bankruptcy, real estate, business law and business litigation. He assists investors in acquiring, managing and selling businesses. He handles leases, contracts, real estate and general business law matters. Mr. Margrave’s clients include individuals and corporations, LLC’s, real estate and mortgage brokers, contractors, subcontractors, and owners. In addition, Mr. Margrave obtained training as a professional mediator from CDR Associates in 2004. Since that time he has mediated construction, domestic, and general business law cases. Mr. Margrave also serves as an arbitrator for the Better Business Bureau Auto Line Program. Mr. Margrave has assisted immensely in John Finger’s lawsuit against Gov. Polis.

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