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Judge dismisses Marshall Fire cleanup lawsuit

Move toward recovery
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Marshall Fire near Superior, CO. Dec. 30, 2021

 

A Boulder District Judge Monday dismissed a lawsuit filed by Demanding Integrity in Public Spending — or DIGS — saying the group had no standing to file its claim because no one affiliated with the DIGS had a connection to Boulder County.

DIGS had filed suit against Boulder County claiming the county violated the state’s Open Meetings Law when it offered a contract to DRC Emergency Services, LLC to clean up the debris caused by the Dec. 30 Marshall fire.

DIGS, earlier this month, dropped its lawsuit seeking a court order directing the county to rebid the cleanup contract, saying in its court filing that “this sideshow must end.”

The county commissioners last week approved a $60 million contract with DRC to commence with the cleanup.

Boulder District Judge Stephen Howard — in his Monday ruling — said “There is no evidence that plaintiff will suffer any consequences as a result of defendants claimed violation of the (Colorado OPen Meetings Law)” according to a Boulder County news release.

Howard also vacated a hearing on the lawsuit scheduled for Wednesday.

Since DIGS has no standing to file the lawsuit, Howard did not rule on the merits of the case, the news release states. “Because this court has no jurisdiction, it cannot address the remaining issues raised by the plaintiff’s motion,” Howard said in his ruling.

“The dismissal allows us to focus on the important next steps in helping fire survivors with recovery,” Deputy County Attorney David Hughes said in the news release.

Boulder County is hosting an online community meeting at 6 p.m. tonight to provide additional information to impacted property owners who have opted into the debris removal program, the news release states. Register for the meeting by visiting www.BoCO.org/Debris-Meeting-March29.

Updated information about the debris removal program is available at www.BoCo.org/Marshall-Debris-Cleanup.