Colorado Politics

Judge tosses lawsuit over debris removal, paving way for Marshall fire victims to rebuild

The ticker on a website where Marshall fire victims go for community support registered Tuesday as the 89th day since the disaster. And after three months of legal disputes and hand wringing over when debris removal would begin, a judge threw out the one remaining lawsuit over how the multimillion dollar contract for fire cleanup was awarded.

Judge Stephen Howard ruled Monday that the founder of the nonprofit group Demanding Integrity in Government Spending, which filed an injunction and temporary restraining order against Boulder County, did not have any connection to the area of the Marshall fire burn and thus “does not claim that it would benefit or suffer any harm based on the outcome of the bid award.”

Former Federal Emergency Management Agency Director Michael Brown, who started DIGS, lived in Boulder County at one time, but has since moved to Centennial and is now a talk show host on radio station 630 KHOW. Brown did not respond to a request for comment.

Boulder County, DIGS and the companies that lost out on the debris removal bid have been playing a blame game over who is responsible for the delay. But now that the lawsuit has been dismissed, the finger pointing could be over, barring an appeal.

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

Neal Shah, a Superior Town Trustee, said it’s a positive step forward in the healing process: “We are happy that the judge dismissed the case so that cleanup can proceed unencumbered by the lawsuit. This community desperately needs to begin the arduous rebuilding process and getting debris removed is step one.”

Though some citizens who lost their homes in the Dec. 30 fire have usurped the government and started cleanup on their own, at least 862 other Marshall fire victims have been caught in the middle as Boulder County waded through this lawsuit and also an appeal by two of the 10 companies that were not chosen to do the debris removal.

On Feb. 10, the county awarded the contract to DRC Emergency Services, based out of the Gulf Coast. Debris cleanup was originally expected to start March 1. The award for the extensive work was first set at $52 million but recently increased to $60 million. When asked why the cost went up $8 million, Boulder County did not respond.

Andrew Barth, spokesman for Boulder County Public Works, said DRC has finished right of way cleanup.

FEMA is responsible for 75% of the cost and the remaining 25% will be paid by local entities.

On Tuesday night, Boulder County will host an online question and answer session for Marshall fire victims. Many of them have been frustrated as they had to watch crumbling foundations sit through several snowstorms. Rebuilding cannot begin until debris removal has been completed. DRC pledged that it would be finished close to the promised July 1 deadline.

Trisha Cheek said her home “looked like a bomb hit it” after the Marshall Fire tore through the Rock Creek Subdivision Dec. 30. The Cheeks are waiting for the debris to be hauled off before they start to rebuild. 
Chad Cheek
Eighty days since the Marshall Fire destroyed this home on West Maple Street in Old Town Superior, remains of an old player piano waits to be hauled away.
Carol McKinley

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