DENVER — The Durango & Silverton Narrow Gauge Railroad has lost a land-use fight stemming from the COVID-19 pandemic before the Colorado Supreme Court.
The court, in a group of decisions announced May 27, upheld a ruling that LaPlata County had the right to regulate the railroad, as the Colorado Public Utilities Commission had previously decided. The case stemmed from the D&SNG’s development of a station at Rockwood, about 15 miles north of Durango, as the main arrival and departure point during the pandemic.
In a 7-0 decision written by Justice Richard Gabriel, the court rejected all claims by the railroad, among them that the County lacked standing to regulate; violated the railroad’s due process rights, and misinterpreted the land-use code in question. The due process question stemmed from the county’s lack of a hearing on the matter; the court said it need to consider that question “because the railroad never requested a hearing.”
The shorter trip between Rockwood and Cascade Wye gained popularity under COVID operating restrictions, and to accommodate riders, the railroad enlarged a parking lot and added tents and portable toilets. According to the Durango Herald, the change brought up to 600 passengers to the area daily, and neighbors objected over traffic, litter, and other concerns. The county subsequently said the development violated land use codes, and the railroad would either have to remove the changes or go through its land-use process. The railroad and parent American Heritage Railways eventually sued the county, saying it lacked jurisdiction to regulate the railroad’s actions.
The railroad ultimately discontinued its use of Rockwood as a primary departure point, although a few passengers still board there.
Shut it down and scrap it out overnight. Leave no trace,. Colorado obviously won’t miss it.
The Colorado Supreme Court on psychedelic mushrooms as usual, like everything else in that state.
Yep it’s a beautiful place to visit. But smells like skunk everywhere.
Typical Colorado planning and regulation. Over regulate and tax the heck out of everything. Kind of like when Park County Shut down Freddy Dodge (Gold Rush) from mining his own property claim which had been mined for over 100 years (Fairplay Mine) because the county had decided it needed to be residential. Didn’t matter what Freddy Dodge wanted, it was just done without his permission or even notification. He ended up having to spend a lot of time, money and effort to convince the Park County Commission that this was wrong and they finally agreed. So what you say is correct. The mentality in Colorado toward individual property rights is warped beyond all recognition. Just ask the folks in the Uintah Basin of eastern Utah (borders western Colorado) who want to build a railroad into the Basin and be part of the national network (because of oil and mining) but Colorado (Eagle County) went to court to stop it because, in a nutshell, they didn’t want it and so Utah shouldn’t have it. Fortunately, the SCOTUS judges ruled against them in a ruling that is about to be published. And the rail line which is already paid for by private equity firms will finally be built… 5 years late, but it will be built…