Five months after the Marshall fire ripped through Boulder County, a district judge has dismissed what could be the final legal challenge to a saga over property debris removal that had county and city leaders tearing their hair out and residents feeling twice-victimized.

Ceres Environmental, one of 11 companies that competed for the multimillion dollar contract, filed an action for declaratory relief against Boulder County alleging that its bidding process was “corrupt, unlawful and unfair.”

Ceres claimed that had the process been above board, it could have won the contract over DRC Emergency Services, the Gulf Coast-based company that was awarded the bid.

The court ruled that Ceres had no standing and that its complaint failed to state a claim under Colorado law. Judge Kenneth Plotz dismissed the lawsuit late Friday afternoon, according to court records.

Boulder County made the decision to go ahead with debris cleanup in April, with the possibility that the lawsuit could halt the process. Once the debris is removed, residents can begin to rebuild. Crews from DRC have excavators working six days a week to haul away tons of twisted metal, melted glass and charred blocks of ruined foundation.

Of 588 properties that opted into the Private Property Debris Removal program, Boulder Public Works reports that 316 properties are being cleared off, 105 are in the process of final inspection and 60 are awaiting the last step, which is erosion control. So far, none of them are complete. 

An excavator that belonged to a California subcontractor hired by DRC was dipping in and out of a ruined basement on Andrew Drive in Superior on Friday.

“We have four months to get this dirt laid nice and pretty,” said laborer Gage Padgett. “We have four months.” 

Boulder County plans to have all of the properties on the debris removal list cleared by August in time for new foundations to be laid before the ground freezes.

Authorities have said 1,084 homes were lost in Colorado’s most destructive wildfire, which broke out in late December. Some residents were so worried that legal challenges would hold up their plans to rebuild that they opted out of the county program and have already gotten their property cleared. A few have building permits in hand. 

Superior Mayor Clint Folsom was encouraged by news of the dismissal: “It’s great to have this cloud of uncertainty lifted from the debris removal process. DRC’s crews are making great progress over the past couple of weeks, and we’re pleased their important work can continue uninterrupted,” he said.

There may be an appeal, but so far Ceres has not decided whether it will do so. 

“I cannot comment on potential future litigation, but I can hope for a clear path forward,” Boulder Public Works spokesperson Andrew Barth told The Denver Gazette in a text message.

Boulder Judge Dismissal OrderBoulder County District CourtCarolMcKinleyDenver Enterprise Reporter
carol.mckinley@gazette.com
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