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Property owner to go to court over grading permit

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Owner blames county, Xcel Energy for problems in Wah Keeney

By Vicky Gits

Morgan and Xcel Energy or Public Service Co. are being cited concurrently for earth-moving operations they conducted separately on Morgan’s property in 2008 and 2009.

Morgan says the work he did last spring was to repair a driveway, for which he had obtained a permit in 2005, and that it was restored to its prior satisfactory condition before Public Service Co. began its excavation.

In the document filed in county court on Oct. 8, Morgan contends there is no zoning violation and he is not obligated to cure a non-existing violation. (A story published Oct. 14 mistakenly reported that Morgan had not filed a response.)

The document states that the county’s complaint is frivolous and groundless and asks for an award of attorney’s fees.

In response to the allegations, Morgan says the county is at fault for its “failure to perform reasonable maintenance of drainage facilities owned and/or operated by the county which caused or exacerbated the erosion situation.”

The next step is a possible trial in county court, said assistant county attorney James Burgess.

Morgan hired Stephen M. Joynt of Evergreen as his attorney in the matter.

Contact Vicky Gits at 303-350-1042 or vicky@evergreenco.com.