A Boulder County District Court Judge has paved the way for homeowners near Rocky Mountain Metropolitan Airport to sue over noise violations, court documents obtained by Denver7 show.
but this particular statute, it looks to me, and this is just my observation, that it was drafted back when we had a common law view which was that if someone commits a misdemeanor, we want to have a higher standard for a citizen to arrest them, because we don t want citizens running around arresting people for noise violations. but if it s a felony, if it s a felony, as long as you have some kind of probable cause, we ll make it a lesser standard because we do want people to stop other people committing felonies. the problem with this statute is, it didn t contain the word misdemeanor in the first sentence. so without getting too much in the weeds, it just resulted in a lot of confusion, not just for the attorneys but for the judge. so that statute, again, now repealed, may be or almost certainly will be appealed on grounds of constitutional vagueness. and it s not necessarily a win, but if anything is going to cause a new trial, i caution folks that those jury instructions have an