DENVER — Seven residents in Pueblo County have filed suit against a southern Colorado electric utility cooperative, claiming the company is to blame for Colorado’s seventh-largest wildfire in state history.
In a complaint filed Wednesday in Pueblo County District Court, the seven plaintiffs, residents of Rye and Beulah, claim that the fire started under two different ignition points on each side of Highway 165 the morning of June 29, below power lines owned and operated by San Isabel Electric Association, Inc., when trees or other vegetation fell on San Isabel’s energized power lines “from areas where vegetation had not been adequately maintained” by the co-op.
The plaintiffs also allege that fire investigators later found evidence of electrical arcing near one area of origin of the fire west of Highway 165. Such arcing, the lawsuit states, “can provide the source of heat to ignite a wildfire.”
Watch previous reporting on another lawsuit related to the Aspen Acres Fire in the video below:
The lawsuit further alleges that San Isabel Electric “failed to properly maintain and safely operate its power lines and equipment” despite knowing that red flag warnings had been issued for the Wet Mountains and other areas of Pueblo County two days before the fire started.
As an electric utility company, the complaint reads, weather monitoring is part of San Isabel’s Wildfire Mitigation Program, and the co-op should have relied on forecasts from two days prior issued by the National Weather Service in Pueblo warning of extreme fire danger in the area to preemptively implement wildfire mitigation strategies to prevent the Aspen Acres Fire from starting.
“The forecast proved true — but San Isabel appears to have not heeded the forecast or taken appropriate measures to mitigate the risk” of a fire that tore through communities across Custer, Fremont, Huerfano, and Pueblo counties, “leaving scorched and smoldering homes and forests in its wake,” according to the lawsuit.
The plaintiffs — Robyn Armijo, Richard Rocha, Jayden McMahon, Isabella McMahon, Mazzy Miller, Maureen de Jongh, and Michael de Jongh — are seeking compensation for both economic and non-economic damages caused by the blaze, including destruction of property, loss of business income and loss of crops, the lawsuit states, adding some residents suffered bodily injury, including smoke inhalation.
Additionally, the lawsuit has caused the plaintiffs “extensive emotional distress” including but not limited to anxiety, depression, loss of community, or sleeplessness.
At the Armijo household, the family lost “a lifetime of one-of-a-kind blankets and dolls” as well as a large collection of signed sports memorabilia comprised of over 500 jerseys, sneakers and hats.
Though the family was able to rescue their two dogs, two other pets were lost — a cat named Wacky, who they never found, and a tortoise named Miss Peaches, who died after the fire due to lack of equipment for specialized care.
The home, the lawsuit states, had an “open-door policy” for neighbors to enjoy barbecues, the mountain views, lawn games, outdoor movies and a shooting range before the Aspen Acres Fire came and destroyed the 15-acre property.
The de Jonghs' 6.7-acre property in Beulah survived the Aspen Acres Fire but not the debris flow from heavy rains that soon followed, according to the lawsuit.
The couple, who were in the process of selling their home, encountered mud that destroyed the property’s landscaping, severely damaged the property’s well, fencing, a garden shed, a gazebo, and the personal property therein.
The buyer who had agreed to purchase their property pulled out of the sale, according to the lawsuit, and the couple’s 12 chickens were later killed by a bear while they remained evacuated from the home.
“This event has had a significant impact on many people, and our thoughts remain with those affected. Our focus remains on serving the membership and supporting community recovery,” said San Isabel Electric Association, Inc. spokesperson Paris Daugherty, who did not provide further comment about the lawsuit.
In all, the plaintiffs are bringing a total of seven claims against the co-op, including negligence, willful and wanton conduct, negligent infliction of emotional distress, and inverse condemnation, which accuses the co-op of “a taking of private property without adequate or just compensation.”
A previous lawsuit filed by four other victims of the fire back in June alleges the utility company's power lines were a "substantial factor" in the Aspen Acres Fire.
The 102,000-acre Aspen Acres Fire destroyed 850 structures, including at least 350 homes, and ranks among Colorado’s most destructive wildfires by homes destroyed. It was 82% contained as of last week.
Fire officials have previously said the blaze was human caused, but an exact manner in which the fire started has not been determined.
Denver7 is committed to making a difference in our community by standing up for what's right, listening, lending a helping hand and following through on promises. See that work in action, in the videos above.
