Telluride continues fight for Valley Floor

TELLURIDE — The town of Telluride is one step closer to learning the fate of the Valley Floor after submitting its last answer brief to the Colorado Supreme Court last week.

The San Miguel Valley Corporation, which claims it still owns the parcel of land leading into the town, have until Oct. 15 to submit its last brief in response to the town’s answer brief, according to town attorney Kevin Geiger.

In support of the town, San Miguel County, the Colorado Municipal League and the American Planning Association submitted Amicus Curiae Briefs, otherwise known as “friend of the court” briefs.

Recent court documents state that SMVC claims two issues are the basis for the Supreme Court appeal. First, SMVC questions whether or not the town had the authority to condemn the land in the first place. In response, the town claims that under Article XX of the Colorado Constitution, and under its home rule charter, the seizure was legitimate.

The second basis of appeal regards a portion of HB-1203. SMVC contends that the house bill is unconstitutional because it conflicts with Article XX.

After SMVC files its response later this month, it could take until the end of the year to get the case on docket.

A final decision is expected by summer 2008.

In other news, district judge Charles Greenacre ruled that the town should only be responsible for paying $2.7 million in legal fees, rather than the $3.8 million SMVC originally requested.

Colorado law states that governments seizing land by eminent domain are responsible for the landowner’s legal fees and costs if a jury values their land at 30 percent more than the last written offer for their property.

Geiger said the costs were cut by nearly a million because the corporation included fees for experts who never testified and for fees incurred prior to litigation.

The battle between the town and the corporation dates back almost a decade. In 1999, SMVC announced its plans to develop the Valley Floor, prompting the town to react with rallies and ordinances to protect the beloved strip of land.

In 2002, after SMVC made it clear that it was not willing to sell the property, the town approved action to condemn the land and passed Ordinance No. 1174. The ordinance states that the Valley Floor will be used as open, public space and is protected from future development.

In February, a Delta County jury valued the Valley Floor at $50 million and the town purchased the land on May 9.

Shortly after, SMVC filed an appeal with the Supreme Court seeking to overturn the ruling that Telluride had the legal authority to condemn the property.

The National Trust identified the Valley Floor as one of America’s 11 Most Endangered Historic Places for Historic Preservation, according to recent court documents.

Contact Marissa Brunner via e-mail at marissab@montrosepress.com