Go to the mobile version of this Web site.

Login | Contact Us | Site Map | Paid archives | Electronic edition | Subscription Questions | Extras

Court ruling a setback for proposed ski village

Zoning denial upheld for project near Wolf Creek

Joanne Kelley, Rocky Mountain News

Published September 21, 2007 at midnight

Text size  

More More Business

More stories »

A Texas billionaire's grand plans to develop a village near Wolf Creek Ski Area met more resistance Thursday when a Colorado appeals court upheld a ruling that threw out zoning approval for the project.

The decision, which comes almost two years after the initial court action, represents another setback for developer Billy Joe "Red" McCombs.

The Colorado Court of Appeals in Denver agreed that Mineral County's board of commissioners "abused its discretion" in granting zoning approval in 2004 for a development that lacked year-round access.

"As far as we can tell, there's absolutely no downside to today's ruling," said Ryan Demmy Bidwell, executive director of Durango-based Colorado Wild, a group that has been fighting the development in court.

Bob Honts, who is McCombs' point man on the proposed village, called the decision "a mixed-bag victory" for his side. He noted that the judge did not differ with the county's decision on water and other development issues unrelated to the road.

"We wouldn't trade the things we won for the things we lost," said Honts, speaking by telephone from Texas.

But another court has at least temporarily blocked the developers' ability to move forward with building a road to the village. And McCombs' venture again needs to go through the county's zoning approval process.

The ski area and the environmental groups sued the county after its initial approval of McCombs' plans to build about 2,100 residential units and 250,000 square feet of commercial space on a 287-acre parcel in one of the snowiest parts of the state.

The only access to the land is via a Forest Service road that is closed most of the year because of snow. A county judge concluded it was not possible to use the road for the type of development envisioned by McCombs.

The low-frills ski area, owned by the Pitcher family for more than three decades, initially supported the plan to build a ski village at an elevation of about 10,300 feet. But the Pitchers later backed away from it after deciding it would not be compatible with the ski area.

"We are encouraged and gratified by the court's ruling today, which further demonstrates that these developers need to comply with Colorado law," said Steve Silvers, a spokesman for the ski area.

Located about 75 miles from Durango and 250 miles from Denver, Wolf Creek has no lodging at its base. The closest accommodations are about 20 miles away in South Fork.

or 303-954-5068