Boulder County officials say a lawsuit filed against them by a watchdog organization alleging that it violated open meetings laws should be dismissed so that Marshall fire victims can start to rebuild as soon as possible. 

In their response to the lawsuit filed by a non-profit started by former FEMA Director Michael Brown, Boulder County included testimony from fire survivors. 

Survivor Tim Hughes said his plans to have a new home by 2023 are in jeopardy since he does not have the money to absorb a delay.

“We are heartbroken that we now must wait for a lawsuit to resolve before we have any hope of getting on with our lives,” Hughes told the county.

One resident commented that each delay costs more money in living expenses and another said that the wait to get the charred fire remains removed is causing anxiety upon the already stressful situation of losing their home. One resident who did not lose a home but whose neighbors did, said that the wind is blowing the ashes all over his property. 

The motion for a preliminary injunction by the non-profit, called Demanding Integrity in Public Spending (DIGS), contends that a team from the county did not give proper notice that executive sessions were happening when it awarded the contract for removal of Marshall fire debris. The county says that it gave proper public notice of each closed door session.

Boulder County said it did everything it could to ensure it made the right choice in its decision, including reviewing bids for 15 hours, interviewing two finalists and taking 200 pages of notes. On Feb. 10, it awarded Gulf Coast-based DRC Emergency Services the $52 million contract. DIGS took issue with that announcement, noting the announcement took 15 minutes and did not allow for public comment. 

Since all of the judges from 20th Judicial District recused themselves from the lawsuit, retired Larimer County Judge Stephen Howard will decide whether to move the lawsuit forward March 18.

Boulder County had promised that cleanup would begin March 1 but the legal squabbles have meant delays, maybe as long as a month if the situation is not settled. Howard has said in court that he wants to get the matter resolved quickly.

The Marshall fire, which was the most destructive in the state’s history, consumed nearly 1,100 homes and businesses in Boulder County in late December. The cause is still under investigation.

Earlier, DRC told county officials that it can complete the clean up in Superior, Louisville and unincorporated Boulder County by July; but a later state makes that date uncertain. 

In a text message, Boulder County spokesperson confirmed that the contract with DRC has not been signed.

“We have to wait until the outcome of the court date next Friday to move forward with the contract,” said Andrew Barth.