Attorney – Garfield County

County preserves public access near De Beque

Garfield County has successfully defended itself in a federal lawsuit brought by High Lonesome Ranch (HLR) in a resounding victory for local government and public access. The legal battle, which centered around Revised Statute 2477 (RS 2477), resulted in the opening of more than 50,000 acres of Bureau of Land Management (BLM) land to the public, reaffirming the rights of citizens and the responsibilities of local governments in protecting public access. At the heart of this case was the fundamental question of who controls access to public lands. In 2016, Garfield County asked HLR to unlock a private gate that

A final order is set in a case between Rocky Mountain Industrials, Inc. (RMI) and the Garfield County Board of County Commissioners (BOCC), affirming the county’s ability to regulate permittees on federal land through the special use permitting process. In February, the Colorado Court of Appeals upheld a notice of violation issued by Garfield County to RMI from 2019, concluding that the county’s seasonal restriction was not preempted by federal law – an opinion that became a final order on March 31, 2023. The court of appeals issued its opinion finding that the county has the right to enforce its

Garfield County Attorney Heather Beattie.

Heather Beattie has been named Garfield County Attorney, replacing Tari Williams, who left the county in the late summer. Beattie, who has worked for Garfield County since 2013, is excited about her new role and looks forward to the opportunity. “I was really interested in expanding my work for the county, but I hadn’t thought about the county attorney role as a career possibility until Tari left,” she said. “I’m very excited to be able to do more work for our community and the commissioners.” Prior to her tenure at Garfield County, Beattie worked in private practice in Summit County,

A public road winds bends along a small creek near De Beque, Colorado.

For the second time in less than a year, the Tenth Circuit Court of Appeals has rejected High Lonesome Ranch’s effort to prevent public access to sections of the North Dry Fork and Middle Dry Fork roads near De Beque. The ranch had recently locked a gate within the boundary of its property prohibiting access to the public roads during its appeal to the court. “The ranch has not met its burden for a stay pending appeal,” the court ruled on Sept. 2, 2021. “Accordingly, we lift the temporary stay entered on August 20, 2021, deny the ranch’s renewed motion

The Garfield County Board of County Commissioners (BOCC) obtained a significant victory in its litigation against Rocky Mountain Industrials, Inc. and RMR Aggregates, Inc. (collectively, “RMI”). On January 31, 2021, in District Court in Garfield County, Ninth Judicial District Judge Anne Norrdin rejected legal claims made by RMI that the BOCC lacked the authority to regulate certain aspects of RMI’s Mid-Continent Quarry located outside of Glenwood Springs. In doing so, the court rebuffed RMI’s claims that state and federal law preempted the board’s authority. The court explained that the permissible exercise of land use authority by Garfield County is broad

A Colorado District Court judge has ruled in favor of Garfield County in a case that determined two roads passing through High Lonesome Ranch near DeBeque are public rights-of-way under Revised Statute (R.S.) 2477, which was enacted as part of the Mining Act of 1866 to encourage highway development in the west. The ranch had argued that the roads are privately owned. A section of North Dry Fork Road, also known as County Road 200, and Middle Dry Fork Road, which forks off the former, have existed in virtually the same routes since the late 1800s, according to the ruling

Garfield County joins PILT lawsuit

GARFIELD COUNTY, CO – Garfield County has joined a class-action lawsuit that seeks to reimburse counties that were underpaid payment in-lieu of taxes (PILT) funds from 2015 through 2017. If successful, Garfield County stands to receive an estimated $121,931 reimbursement through the legal action. The federal government pays PILT to local governments for federal lands within their boundaries that aren’t subjected to property taxes. The amount due is determined by a statutorily defined formula. In 2008, Congress made full funding of PILT mandatory through 2014. The 2015 legislation requiring PILT payments was less direct, and the government took the position

Garfield County appoints new Deputy County Attorney

GARFIELD COUNTY, CO – Garfield County Commissioners voted today to promote Assistant County Attorney Tari Williams to the position of Deputy County Attorney. In addition to her new role, Williams will serve as Acting County Attorney for a term yet to be determined. The appointments follow the retirement of Garfield County Attorney Frank Hutfless last week. Williams will report directly to the Board of County Commissioners. Williams will begin her new roles by meeting with the commissioners to ensure their priorities are addressed, and to prepare for weekly legal matters that come before the board in its regular meetings. In

Garfield County Commissioner Tom Jankovsky standing next to a historic right of way sign.

GARFIELD COUNTY, CO – During September, Garfield County began installing road signs defining public access along historic rights of way in the county. The signs are intended to inform the public where historic routes exist. Garfield County hired Land Acquisitions Manager Glenn Adams six months ago to research and inventory existing public land access points and easements. “In the first stage of this research, Adams is using historic and current documents to identify historic routes,” said Garfield County Attorney Frank Hutfless. “This research of existing easements and access will be used by Garfield County to help assure access to public

District Attorney warns of credit card scam

GARFIELD, PITKIN AND RIO BLANCO COUNTIES, CO – Local residents have received robocalls regarding credit cards that have prompted a consumer advisory from 9th Judicial District Attorney Sherry Caloia. The calls inform people that their Chase credit card is locked, and that they need to provide their credit card to the caller to address the problem. “I am alerting people to this scam and they should immediately hang up without providing any personal information” said Caloia. “This vigilance may protect their accounts. Cardholders who are concerned that something may actually affect their accounts should call their card company on a

Comment on health insurance zones

Update May 19, 2013 May 19, 2014 FOR IMMEDIATE RELEASE U.S. Health & Human Services Approves Division of Insurance Shift on Geographic Rating Areas for 2015 Denver – On Thursday, May 15, the U.S. Department of Health & Human Services (HHS) approved the request from the Colorado Division of Insurance (DOI) to shift from 11 geographic rating areas for health insurance, to nine areas for 2015. The (DOI) made the request on May 9 (5/9/14 News Release “DOI Seeks Shift on Geographic Rating Areas for 2015”). Geographic rating areas are geographical units made up of metropolitan statistical areas (MSAs), counties

Presentation on preservation of historic routes for public land access

GARFIELD COUNTY, CO – Garfield County will host a presentation for the community on use of historic road routes and rights-of-way on public lands May 1. County Attorney Frank Hutfless has proposed a federal act to require federal administrative action on claims for access and to establish deadlines and mandatory procedures for settling right-of-way claims. On April 7 the Garfield County Board of County Commissioners enacted a resolution in support of this proposed act. “We are concerned with public land road access because it impacts citizen uses for ranching, recreation, emergency access and access to natural resources” said Garfield County

Commissioners direct county to advance litigation on health insurance rates

This morning local citizens filled the Garfield County Commission chambers to share their experiences with the Board of County Commissioners (BOCC) regarding health insurance rates that have increased 150 percent or more. Citizens conveyed deeply felt concerns, expressing that the rates in Garfield County are equal to their mortgage payments or entire Social Security checks, and that they are faced with paying penalties for not carrying insurance because the coverage costs are too extreme. Some said that businesses are at risk of failing because of mandated costs, and that the coverage for these premiums not only costs thousands in out-of-pocket

Garfield County settles St. Paul Sober Living litigation

GARFIELD COUNTY, CO – The Garfield County Board of Commissioners Monday directed county attorney Frank Hutfless to conclude final negotiations of settlement for the St. Paul Sober Living, L.L.C., et al, vs. Board of County Commissioners of Garfield County case. The case alleged federal fair housing violations in February, 2011. The settlement closes litigation on this case and dismisses a pending state case the plaintiffs filed as well, extinguishing all further claims. The commission chair was directed to sign all necessary or required documents, and the attorney was directed to confer with the county finance director to take actions necessary

Garfield County to file suit against state to refund sales taxes

GARFIELD COUNTY, CO – Garfield County will pursue a lawsuit against the State of Colorado Department of Revenue (DOR) to compel the state to repay sales tax collections improperly used to pay a legal judgment. Since 2010, refunds held back by the state have amounted to $5,346,075.38; including recent increases. Several local taxing entities aside from the county, including the Garfield County Public Library District, the Garfield County Emergency Communications Authority and the Garfield County Human Services Grant Fund are adversely affected by loss of the revenue. Monday the Garfield County Board of Commissioners directed County Attorney Frank Hutfless to

Garfield County to file suit against state to address excessive health insurance premiums

GARFIELD COUNTY, CO – Citing concerns from citizens affected by high insurance rates stemming from Garfield County being included in a resort classification, Monday the Garfield County Board of County Commissioners (BOCC) directed the county attorney to prepare a lawsuit against the State of Colorado. “We will prepare a complaint to file in federal district court that this is in violation of the law,” said Board Chair John Martin in reference to the Affordable Care Act. The board’s plan to move forward with litigation is aimed at compelling the state Department of Regulatory Agencies, Division of Insurance (DOI) to comply

Settlement reached in Sober House litigation

GARFIELD COUNTY, CO – Garfield County Commissioners voted February 10 to accept a settlement offer in the case of St. Paul Sober Living v. Garfield County. The case alleged federal fair housing violations in February 2011. The settlement closes litigation on this case and dismisses a pending state case the plaintiffs filed as well, extinguishing all further claims against the county. The settlement in the federal case is for $550,000 including attorney’s fees. This is a reduction of $700,000 in fees from the amount being requested in federal district court of approximately $1.1 million. The settlement was struck after legal

County encourages citizens to share concerns over high health insurance premiums

Wednesday, December 4, the Colorado Insurance Commissioner Marguerite Salazar invites the community to attend a meeting to discuss geographic rating factors and other health insurance coverage topics for 2014. Salazar is with the State of Colorado Department of Regulatory Agencies Division of Insurance (DOI). The meeting is from 6 -7 pm in the Devereux Ballroom, Hotel Colorado, 526 Pine Street, Glenwood Springs. Salazar and other DOI officials will discuss the geographic ratings for health insurance premiums. According to Salazar, in setting the rules and parameters under which insurance carriers file their premium rates, the DOI is guided by these principles:

Colorado Division of Insurance considers geographic ratings for health insurance

Wednesday, December 4, Colorado Insurance Commissioner Marguerite Salazar and her staff held a one hour community webinar by computer. Some questions submitted in writing via chat by those watching were addressed. Salazar is with the State of Colorado Department of Regulatory Agencies Division of Insurance (DOI). The agency states that in setting the rules and parameters under which insurance carriers file their premium rates, the DOI is guided by these principles: Insurance rates should not be excessive, inadequate, or unfairly discriminatory; Consumers should have the greatest choice of policies at the most reasonable cost possible; and There should be open

Hutfless named next Garfield County attorney

GARFIELD COUNTY, CO – The Garfield County Board of County Commissioners this evening unanimously approved a contract with Frank Hutfless to be the next Garfield County Attorney. The engagement of services letter calls for Hutfless to begin October 8 and serve through December 31, 2013 with an annual base salary of $130,000. “I sincerely appreciate the opportunity the commissioners have given me to share in their vision for the county,” Hutfless said. “I was positively impressed by them, and I look forward to becoming part of their excellent team.” “Over the years, Garfield County has been one of my favorite

Garfield County Attorney finalists announced

Glenwood Springs, CO – The Garfield County Board of County Commissioners (BOCC) has identified five finalists to interview for the vacant position of Garfield County Attorney. Appointed by the BOCC and reporting directly to the commissioners, the role of the county attorney is to provide legal advice and representation to the BOCC, the offices of other county elected officials, the county manager and all county departments under his/her supervision. Interviews will be conducted August 16-17, 2012. The finalists are: J. Patrick Coleman A. Owner/Managing Member, Coleman Law Firm, LLC, Denver, CO, 2003-date B. County Attorney, Montrose County, CO, 1997-2002 A.A.

Medical marijuana moratorium extended to June 30, 2012

The Board of County Commissioners has extended the moratorium on new medical marijuana Optional Premises Cultivation Operations within unincorporated Garfield County until June 30, 2012. Except, in the event that a court declares the Colorado Medical Marijuana Code to be unlawful, then the moratorium may cease before that date. The Board also reaffirmed its previous statement that, pursuant to the vote of the Garfield County electorate, medical marijuana centers and marijuana-infused products manufacturers existing in unincorporated Garfield County must cease any and all operations no later than July 1, 2011.

The Board of County Commissioners (BOCC) of Garfield County appointed Andrew (Drew) Gorgey, currently the First Assistant County Attorney in El Paso County, to be the new Garfield County Attorney, effective June 27, 2011. Mr. Gorgey was with the El Paso County Attorney’s Office since June 2002, and he held leadership positions there since 2004. He has broad experience in multiple areas of county government law. Prior to his county work, he was in private practice in Colorado Springs and also served for three years as a criminal prosecutor in the 4th Judicial District Attorney’s Office. Mr. Gorgey is a

Proposed state legislation – health insurance rating zones

The Board of County Commissioners proposed state legislation to address the disparity in health care rates across the state. The legislation would define a statewide rate and would reduce costs for rural counties. 10-16-104.9. Geographic Rating Areas. (1) The commissioner shall promulgate a rule establishing a geographic rating area or areas, giving due consideration and weight to the age of covered individuals, the insureds’ geographic location, and tobacco use. Geographical rating areas may be established as one rating area for the entire state, or rating areas based on a combination of counties, or areas in which all zip codes share