The Lower North Fork Fire victims obtained judgments against the state after two years of a long and difficult legal process. The state is now ducking those judgments. This is fundamentally wrong.
In March 2012, the Denver Water Board began a "prescribed burn" in the face of the driest Spring in state history. They did so after performing test burns five months earlier, in which the fire jumped the prescribed boundaries and threatened nearby homeowners. Nonetheless, on March 23, 2012, they set the forest on fire. Predictably, on March 26, 2012, the fire quickly jumped the burn area and incinerated approximately 1,400 acres of private land, killing three people, destroying numerous homes, and property of nearly 35 landowners. The state quickly claimed responsibility for causing the fire, and Democrats and Republicans alike went to the site, promising to right the wrongs caused against the victims of this unnecessary tragedy.
Two years passed, and the state took no action to aid the victims. The claimants were left with no option but to take their complaints to the state. In May 2012, the claimants worked with their state legislators to pass a bill permitting specific legislation to pay for the losses from this fire. Still, the Attorney General's office sat on their hands. The claimants then had to hire attorneys to help them have a voice to resolve their claims. The claimants proposed a system of individual trials in front of judges to set values to their individual claims. The state (through the AG's office) agreed that the judgments from these judges would be binding on the state.
Beginning in August 2013, the claimants were ordered to prepare complex and thorough claims packets containing information to present at their trials, which were argued in February and March 2014. The state presented evidence in support of their positions in these trials. The claimants did the same. The judges ruled and provided specific judgments with precise values for each claimants' losses. The parties agreed that the numbers were binding. The total of these judgments was approximately $16 million dollars, and included payment for the economic damages, non-economic damages (including the wrongful deaths of three neighbors), as well as payment for the remaining devastating losses.
To make it very clear, the claimants have already had a trial in this case. The Judges awarded values to each of the claimants. The award for the approximate 25 claimants totaled roughly $16mm and was binding on the state. The Jefferson County District Court will enter this total $16mm award as individual final judgments against the state. These judgments were issued with well explained findings of fact, in great detail.
On April 8, 2014,the Attorney General and the claims board reneged on the binding $16mm judgment, and arbitrarily gutted the amounts to be paid to the victims to $11mm. There was no negotiation that resulted in the AG’s reduction to the $11mm. It was arbitrary, done in executive session behind closed doors, did not permit public comment or questioning, and ignored the evidence, written findings of fact, and orders from the judges that are – again - binding on the state. The decision was made by three people in secret.
In short, the claims board totally disregarded the judgments awarded to the claimants by the Jefferson County trial court. The claimants are very disturbed that these judgments are being ignored. No other defendant could avoid a judgment like the state is doing in this case.
But, you can help fight for the citizens of Colorado. You can sign a petition that asks our legislature to honor the judgments given to each of the claimants in the Lower North Fork Fire. Two years ago, Republican and Democrat representatives alike assured the claimants that their losses would be repaid. Let's ask the legislature to stop the delay and bring this tragic saga to a close.
Denver Post Information:
http://www.denverpost.com/News/ci_25538952/Lower-North-Fork-victims-challenge-boards
7 News in depth coverage:
http://www.thedenverchannel.com/news/wildfire/claims-board-meeting-tuesday-and-wednesday-about-lower-north-fork-fire
Here are other helpful links:
http://lnff.info/7-news-documentary-3/
http://lnff.info/
Updates
April 10, 2014
I am honestly overwhelmed by the momentum we have built together lately. This movement has become something much larger than I ever imagined it could be because of your persistence. You are the ones keeping this cause alive and holding those responsible accountable.
24 Comments
Conflict of interest with the attorney general. We abided by their appointed JAG - they didn't. Very unfair! I will remember at election and I will make sure everyone I know does too - including the opponent!
The proposed settlements to date do not adequately reimburse the landowners. The state needs to step up and adequately pay these people for their loses!!
It is a shame what our government employees did and the politicians are doing to hurt the victims.
After admitting is was your fire that caused this damage how can you not pay reasonable reparations?
I can assure you if the Attorney Generals house was in this fire or the clains board members house, there would be no doubt the 16 million would have been awarded. This is totally injustice and politicians showing their true face.t
I can not believe that this is happening everyone in our government should be ashamed.
this should never have happened
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The Lower North Fork Fire victims obtained judgments against the state after two years of a long and difficult legal process. The state is now ducking those judgments. This is fundamentally wrong.
In March 2012, the Denver Water Board began a "prescribed burn" in the face of the driest Spring in state history. They did so after performing test burns five months earlier, in which the fire jumped the prescribed boundaries and threatened nearby homeowners. Nonetheless, on March 23, 2012, they set the forest on fire. Predictably, on March 26, 2012, the fire quickly jumped the burn area and incinerated approximately 1,400 acres of private land, killing three people, destroying numerous homes, and property of nearly 35 landowners. The state quickly claimed responsibility for causing the fire, and Democrats and Republicans alike went to the site, promising to right the wrongs caused against the victims of this unnecessary tragedy.
Two years passed, and the state took no action to aid the victims. The claimants were left with no option but to take their complaints to the state. In May 2012, the claimants worked with their state legislators to pass a bill permitting specific legislation to pay for the losses from this fire. Still, the Attorney General's office sat on their hands. The claimants then had to hire attorneys to help them have a voice to resolve their claims. The claimants proposed a system of individual trials in front of judges to set values to their individual claims. The state (through the AG's office) agreed that the judgments from these judges would be binding on the state.
Beginning in August 2013, the claimants were ordered to prepare complex and thorough claims packets containing information to present at their trials, which were argued in February and March 2014. The state presented evidence in support of their positions in these trials. The claimants did the same. The judges ruled and provided specific judgments with precise values for each claimants' losses. The parties agreed that the numbers were binding. The total of these judgments was approximately $16 million dollars, and included payment for the economic damages, non-economic damages (including the wrongful deaths of three neighbors), as well as payment for the remaining devastating losses.
To make it very clear, the claimants have already had a trial in this case. The Judges awarded values to each of the claimants. The award for the approximate 25 claimants totaled roughly $16mm and was binding on the state. The Jefferson County District Court will enter this total $16mm award as individual final judgments against the state. These judgments were issued with well explained findings of fact, in great detail.
On April 8, 2014,the Attorney General and the claims board reneged on the binding $16mm judgment, and arbitrarily gutted the amounts to be paid to the victims to $11mm. There was no negotiation that resulted in the AG’s reduction to the $11mm. It was arbitrary, done in executive session behind closed doors, did not permit public comment or questioning, and ignored the evidence, written findings of fact, and orders from the judges that are – again - binding on the state. The decision was made by three people in secret.
In short, the claims board totally disregarded the judgments awarded to the claimants by the Jefferson County trial court. The claimants are very disturbed that these judgments are being ignored. No other defendant could avoid a judgment like the state is doing in this case.
But, you can help fight for the citizens of Colorado. You can sign a petition that asks our legislature to honor the judgments given to each of the claimants in the Lower North Fork Fire. Two years ago, Republican and Democrat representatives alike assured the claimants that their losses would be repaid. Let's ask the legislature to stop the delay and bring this tragic saga to a close.
Denver Post Information:
http://www.denverpost.com/News/ci_25538952/Lower-North-Fork-victims-challenge-boards
7 News in depth coverage:
http://www.thedenverchannel.com/news/wildfire/claims-board-meeting-tuesday-and-wednesday-about-lower-north-fork-fire
Here are other helpful links:
http://lnff.info/7-news-documentary-3/
http://lnff.info/
Updates
April 10, 2014
I am honestly overwhelmed by the momentum we have built together lately. This movement has become something much larger than I ever imagined it could be because of your persistence. You are the ones keeping this cause alive and holding those responsible accountable.
24 Comments
These people are my immediate neighbors, and my wife is a firefighter who was part of the response. This horrific incident - which should have NEVER happened - shamed Colorado and now you're shaming it more by not making it right with these people. I am not voting for ANYONE who voted not to compensate them better.
Conflict of interest with the attorney general. We abided by their appointed JAG - they didn't. Very unfair! I will remember at election and I will make sure everyone I know does too - including the opponent!
The proposed settlements to date do not adequately reimburse the landowners. The state needs to step up and adequately pay these people for their loses!!
It is a shame what our government employees did and the politicians are doing to hurt the victims.
After admitting is was your fire that caused this damage how can you not pay reasonable reparations?
I can assure you if the Attorney Generals house was in this fire or the clains board members house, there would be no doubt the 16 million would have been awarded. This is totally injustice and politicians showing their true face.t
I can not believe that this is happening everyone in our government should be ashamed.
this should never have happened
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These people are my immediate neighbors, and my wife is a firefighter who was part of the response. This horrific incident - which should have NEVER happened - shamed Colorado and now you're shaming it more by not making it right with these people. I am not voting for ANYONE who voted not to compensate them better.