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County wins major legal battle against federal lawsuit

July 31, 2024 | Montezuma County, Colorado


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County wins major legal battle against federal lawsuit
The recent government meeting revealed significant legal developments for Montezuma County, particularly regarding a federal lawsuit involving the CO2 Committee Incorporated and the county assessor. The district court in Colorado dismissed the case, which stemmed from claims made by fractional interest owners in the McElmo Dome unit. This lawsuit followed a previous ruling by the Colorado Supreme Court that had already struck down similar claims in state court.

County officials expressed relief at the dismissal, viewing it as a resolution to ongoing litigation related to Kinder Morgan. The county's legal team, with assistance from attorney Nate Kiefer, successfully argued that the matter was not a federal issue, leading to the court's decision to dismiss the lawsuit.

In addition to this case, the county attorney reported on the filing of initial disclosures in a separate case concerning leaf property, with a case management conference scheduled for August 8. The attorney indicated that preparations are underway to establish a briefing schedule and address various issues related to this two-pronged claim.

Overall, the meeting underscored a positive turn for the county in its legal battles, particularly with the closure of the Kinder Morgan litigation, which officials hope will bring finality to the matter.

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