The People v. Park County Board of Commissioners – A heavy industrial solid waste disposal operation is not consistent with land use requirements for a planned unit development (PUD)
UPDATE 01/29/2025: Video of Park County BOCC discussion and decision re: Will-O-Wisp v. BOCC; and aSkag.
Trellis Law provides all documents related to Case No. 2024CV030019. You have to sign up for the service.
More precisely, this case is filed as below:
On January 23, 2025, District Court Judge Amanda Hunter issued the following order:
Therefore, it is ordered:
- The Park County Board of County Commission’s approval of the Final Application in Resolution No. 2024-09 is reversed.
- The court enters a permanent injunction prohibiting aSkag from operating the Waste Transfer Station on the site approved in Resolution No. 2024-09.
BOCC Resolution No. 2024-09 – February 27, 2024 – Click to open
In a nutshell, Judge Hunter ruled that a single-use Planned Unit Development (PUD) is inconsistent with a PUD’s defined purpose under state or county regulations. The ruling further addressed “Spot Zoning,” concluding, ” Under the guise of the PUD statute and regulations, the county unlawfully spot-zoned an industrial use in a residential zone.”
The defendant, aSkag LLC, has filed a motion to suspend Judge Hunter’s ruling to allow time for an appeal.
aSkag Motion for Suspension of Judgment – Click to open
aSkag LLC – Articles of Organization – Click to open
Judge Hunter’s Ruling – Click to open
Prior posts on the aSkag/Shirley Solid Waste dilemma:
