Last updated 2:09AM ET
December 16, 2017
KSUT Regional
KSUT Regional
Appeals Court Rules Against Village At Wolf Creek
(2007-09-20)
(ksut) - HOST LEAD: Opponents of Texas Billionaire Red McCombs plans to build a village for ten thousand people on Wolf Creek pass are claiming another victory in the courts.
The Colorado Court of Appeals today (Thursday) upheld a lower court ruling voiding approval of the Village at Wolf Creek, by Mineral County officials.
KSUT's Victor Locke reports.

VICTOR: Colorado Wild and the San Luis Valley Ecosystem Council filed the lawsuit charging Mineral County officials were rubber stamping McComb's plans.
The court ruled Mineral County abused its discretion in granting approval because McCombs didn't yet have access to the site, and can't get county approval until that access is approved.
CANALY: WE'RE VERY RELIEVED, YOU KNOW WE WATCHED THIS MASSIVE DEVELOPMENT GET RUSHED THROUGH THE PLANNING COMMISSION IN MINERAL COUNTY BACK IN 2004.
Chris Canaly is Director of the Ecosystem Council.
CANALY: I'M REALLY GLAD THAT THE COURT SEES THE LACK OF VISION AND CLARITY ASSOCIATED WITH THIS PROPOSAL AND THE FACT THAT THEY REALLY DO NEED TO ADHERE TO A PERMITTING PROCESS THAT'S IN PLACE HERE IN THE STATE OF COLORADO.
Canaly says the ruling basically puts the Village back at square one, when it comes to getting Mineral County's approval.
The issue of access itself is tied up in a federal court challenge by the same two groups, of a Federal Environmental Impact Statement on that access road.
Pending a decision in that case the developers have been enjoined from doing any construction, leaving the fate of the Village at Wolf Creek still uncertain.
From KSUT, Four Corners Public Radio, I'm Victor Locke.

Village at Wolf Creek Development Coordinator Bob Honts says the appeals court ruling isn't a setback in their eyes. He says the court held upheld their position on other issues, including power and water matters for the village. If the Federal Court rules in their favor on the Environmental Impact Statement which designates two roads into the Village, Honts says they'll be able to quickly reapply to Mineral County for permits to proceed with development.
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