Gunnison County prevails in lawsuit over plowing

Alleged damage to stone quarry not a liability for county

By Katherine Nettles

A case filed in 2023 against Gunnison County in Gunnison District Court regarding snow plowing damage to private property along County Road 3 near Marble was recently dismissed based on the Colorado Governmental Immunity Act. Gunnison County was awarded reimbursement for its legal fees and costs as well. The lawsuit claimed the county’s snow plowing contractor along County Road 3 did extensive property damage to a stone quarry company. Altum Terrum LLC filed claims against the county for negligence, trespass, breach of contract and for declaratory and injunctive relief.

 The court ruling issued May 20 summarized, “Plaintiff alleges that the snowplows and bulldozers used to plow the road encroached on its property and caused significant damage to numerous trees and large blocks of marble. The boundaries for the road are established by a settlement agreement executed by the county and plaintiff’s predecessor in interest. The snowplows went at least 100 feet outside the boundaries of the road as they damaged plaintiff’s property.”

 Judge Stephen Patrick granted the county’s motion to dismiss, ruling that there is no subject matter jurisdiction for Altum Terrum’s claims as the Colorado Governmental Immunity Act bars it. In a further ruling on June 27, the court awarded the county’s request that the plaintiff pay its attorneys’ fees and costs in the case. 

 “Gunnison County is pleased that the court recognized the frivolous nature of this lawsuit, and has awarded the county its attorneys’ fees and costs due to this case’s absolute lack of merit. The county will continue to push back against meritless litigation that attempts to extort the taxpayers of our community, as this case has,” commented county attorney Matthew Hoyt. Altum Terrum’s legal team declined to comment on the case.