Owners Of Sliding Homes To Sue: County, Utilities Among Defendants

By Stacie Oulton
Denver Post Staff Writer

GOLDEN- The eight homeowners most affected by the slow-moving landslide in Sixth Avenue West Estates have filed notice that they intend to sue the county, two utilities and the state department of transportation for an estimated $8 million.

The homeowners want to be repaid for the damages to their homes, for repair costs and for the money needed to stop the landslide.

The slide began this spring, causing roads to sink, lawns to heave, and foundations and walls in five homes to crack and move. In recent weeks, the slide has begun moving as much as 3 inches a week in some places, a pace that is a little faster than when the slide was first detected in May.

The notice is required when suing governmental entities.

“We expect to file (suit) in a couple of days,” said Scott Sullan, the attorney hired by the eight homeowners.

Sullan specializes in cases involving damage to homes caused by geological hazards. He won a settlement against Richmond Homes over damage from swelling soils two years ago. The victory required the state’s largest homebuilder to fix 12,300 homes.

The intent to sue filed over the landslide alleges that the county “willfully and wantonly” failed to enforce building restrictions on the development, and the county’s negligence led to the landslide damage.

In 1990, the county commissioners approved home construction on the north slope of the mountain, against the advice of the county staff. The county restricted the number of homes that could be built and required the developer to perform soil and slope work.

Public Works Director Dan Brindle has acknowledged that the county failed to ensure that all the required engineering work was done at the site, but he said it was the responsibility of the developer to perform the work regardless.

The notice also blames faulty fire hydrants put in by two utilities, saying they leaked water into the ground and contributed to or possibly caused the landslide. College Park Water and Sanitation District and Consolidated Mutual Water Co. are the two utilities named in the notice; representatives of both could not be reached.

The Colorado Department of Transportation was also named in the notice, because the homeowners allege that blasting related to an extension of C-470 also might have been a factor.

A department spokeswoman said officials could not comment because they had not yet reviewed the notice.

Not named in the notice is the developer of the sites or the homebuilders. They could be named in the lawsuit, however.

Source: The Denver Post, July 7, 1998