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Marshall Zelinger, Alan Gathright – 7 News
JEFFERSON COUNTY, Colo. – A Jefferson County judge has ruled against State Attorney General John Suthers, saying victims of the devastating Lower North Fork fire should receive $5 million more than the State Claims Board was willing to pay.
The March 2012 wildfire, which started as a prescribed burn by the State Forest Service, destroyed 22 homes and charred 4,100 acres. It killed three people: Sam Lucas, Linda Lucas and Ann Appel.
Fire victims have waited two years for the state of Colorado to pay them back for the fire that destroyed their community and forever changed their lives.
People say they feel victimized all over again by the legal battle with the state over their fire claims.
“We keep getting burned over and over and over again in a different way,” said Scott Appel, whose wife, Ann, died in the firestorm that destroyed their home and charred their property.
An independent panel of four retired judges spent two months reviewing victims’ claims and recommended the state pay about $16.4 million to 19 families.
However, earlier this month, the State Claims Board reduced that compensation to $11 million, a figure that doesn’t include non-economic losses like death and emotional distress. The board’s members are Attorney General Suthers, State Treasurer Walker Stapleton and state Director of Personnel Kathy Nesbitt.
In one victim’s case, the board recommended reducing a $4.5 million payment to $3.1 million.
The board recommended cutting another victim’s compensation from $146,000 to $63,000.
But on Friday night, District Judge Dennis Hall ruled the State Claims Board was wrong and reinstated the $16.4 million recommended by the independent panel of retired judges. Hall also ordered the victims’ be paid for non-economic losses, which could include compensation loss of life and emotional distress.
For victims, the judge’s is ruling is a step toward resolution of the two-year legal struggle.
But residents such as Scott Appel have become used to unexpected reversals in this process.
“I had no idea how difficult and expensive the process would be,” Appel said.
In May 2013, Judge Hall “The Special Masters’ determinations of value will be final and binding on the participating parties.” That meant the four-judge panel’s ruling on how much victims’ are owed would be binding on the victims and the state.
But then the State Claims Board reduced the special masters’ compensation amounts.
“Presto change-o, the deal’s off once again,” Scott Appel said. “Where I come from, binding means binding.”
The victims went back to court asking Judge Hall honor the independent panel’s recommendations.
The attorney general objected, saying any court judgment would be limited to the state’s total $600,000 liability limit for all victims.
In a court document filed on April 15, the attorney general wrote, “the claims board, as a separate deliberative body, is not bound” by the independent panel.
In his Friday ruling, Judge Hall rejected that argument.
“The intent of the legislature was to permit trial courts to enter judgment against the state in amounts exceeding the tort cap,” Hall stated. “The attorney general’s objection… is not well taken.”
Fire victim Tom Scalan has had a belly full of the State Claims Board, which cut his compensation offer almost in half.
“The attorney general is speaking out of both sides of his mouth, he is not consistent,” Scanlan said.
“I am exhausted by the deceit and treachery that I’ve seen,” the weary fire victim added.Read More »
Two long years ago the State irresponsibly and callously lit a match in the forest in the driest March on record and left smoldering embers to reignite when predicted 80 mph winds spread the raging Lower North Fork Wildfire through a quiet, unprotected community near Conifer. Now the Attorney General is again ravaging the survivors’ hopes in court, asserting the State has no responsibility for righting the wrong they have admitted to. Their story has been a travesty of justice by the State led by the Attorney General and Governor for over 2 years.
May 2012 the Governor and Attorney General promised speedy restitution for the damages done, which included killing 3 people and destroying 23 homes and property. Then instead of implementing the law passed by the Legislature to provide speedy restitution, the Attorney General brought suit against the survivors only months later in July 2012, forcing them into the State’s ongoing lawsuit with the insurance companies. This required the victims to hire lawyers to protect their rights, further traumatizing them and increasing their crushing financial burdens. The Attorney General’s next ploy was to assert the State did not have the resources to evaluate the victims’ claims. He also went on record in the press blaming the survivors for delaying the process when it was his office that initiated the lawsuit against the victims.
This resulted in over a year of fighting the State in court to protect their rights. After months of legal delays a process of binding arbitration was agreed upon by all parties in court. The one ray of hope in this whole disaster was when the Judicial Arbiters Group, an organization of prestigious judges with vast experience in resolving claims including fire losses, volunteered to act as Special Masters for the court to value the victims’ claims.
The Governor and the Attorney General agreed the State to be bound by the Special Masters’ findings. The victims had to go even further and waive their rights to a trial by a jury of their peers.
Now that the Special Masters have completed their month’s long evaluation of the victim’s claims in a trial setting, the Attorney General has blatently rejected the claims in court.
When will the torment end for our neighbors? When will someone stand up to the Governor and Attorney General and say enough?! Has the State of Colorado lost all sense of fairness, responsibility and caring for its neighbors?
We only ask for what the Victims and the State agreed to in Binding Arbitration; that we are compensated what the JAG has awarded us so we can finally move on with our lives and put this sad chapter of Colorado history behind us.Read More »
The Lower North Fork Fire in Colorado, just west of Denver over a year ago, caused untold physical damage and killed 3 people. Colorado Governor John Hickenlooper and FEMA was slow to act on behalf of the victims and over a year later FEMA aid has been denied for the victims and the State of Colorado has not only denied aid to the victims, but remarkably have thrown the victims into court… Victims that have done nothing wrong.
March 26 2012 – A prescribed burn left unattended by the Colorado State Forest Service burns 4600 acres destroys 22 homes and kills 3 people
In the days that follow…
- The State requests FEMA funding to pay the State’s firefightings costs. These grants do not provide assistance to individual home or business owners and do not cover other infrastructure damage caused by the fire. The victims are never granted one penny in FEMA or State aid. Their only aid and support is from kind and caring neighbors, local charities and businesses.
- A few days after the fire victims meet with the Colorado Governor Hickenlooper after he tours the damage and ask him to do the right thing and approve aid for the victims. He tells them the agency that caused the tragedy is not under his jurisdiction.
- The head of the Colorado State Forest Service, that by neglect caused the fire, publicly apologizes for having caused it.
- There is an investigation into the cause of the fire headed by a sister agency in the neighboring State of Wyoming. They determine that proper procedures were not followed however, found no blame.
- Victims are told there will be no State aid and FEMA aid was denied because State aid has not been exhausted.
- The victims are forced to beg for aid in the press, each time reliving their painful tragedy over and over. Nothing happens for several months and the victims through the media continue to apply pressure on the Governor and Legislature to do something.
- 3 months later, and months of work while being homeless, the victims successfully get 2 bills passed. One that promises an investigation into the disaster by a State Commission and the other allowing “the possibility” of aid/claims through the State Claims Board. The Governor signs the bills with the victims as a backdrop promising quick aid with extensive positive media coverage. The public now believes that the State has finally stepped up and the victims are now getting help.
- Victims are instructed to file notices of claim with the State in order to get aid. Victims spend days/hours compiling their claims to conform to according to government bureaucracy guidelines.
- 1 month later the victims are shocked as they are dragged into court by the State Attorney General,and forced to join a lawsuit filed by insurance companies and utilities against their will; blatantly disregarding the intent of the bills for quick aid passed just a month before. Victims are now told the process will not be quick and will take years, if at all.
- Victims are now forced to hire lawyers to protect themselves against the State incurring great expense while trying to rebuild their lives.
- The victims testify at the six State Commission hearings over a period of 4 months. The State Commission that was chartered to investigate the fire claims it does not have the resources to do so and the victims are forced to conduct their own investigation using public records. They present their finding to the commission that clearly shows neglect on the part of the State. The commissioners never call any employees of the State agency to testify that admittedly caused the fire citing concerns for State liability. In the end… the commission… does nothing.
- 6-12 months after the fire none of the homes destroyed by the fire have been rebuilt and many never will. There is still no aid or process for claims as the State AG and his team of lawyers use legal maneuvering to delay in the court system.
- 1 year after the fire the media with the victims again question the State about aid and lack of accountability. The State AG responds by blaming the victims.
- A small group of victims are granted a private meeting with Governor Hickenlooper. He listens to their concerns and takes notes in a room full of lawyers, but says nothing.
- The Governor and State Legislators continue to watch the State AG and his lawyers legal shenanigans… and do nothing. FEMA has done nothing.
15 months after the disaster; There is still no State or Federal aid for the victims. The victims have endured countless interviews in the media and court appearances. They honestly never want to see a television camera again. They are weary of driving to the State Capitol. They are weary of being dragged into Court. Victims were required to create stacks of paperwork to try and get aid and are constantly being blind sided by legal maneuvering of the State AG.
This is wrong.
We are the victims of the Lower North Fork Fire.
We did nothing wrong.
Why are we treated as enemies of the State of Colorado?
Read More »
As you know, March 26th will be the one year mark of the Lower North Fork Fire. have been asked by so many wonderful people how we as the survivors of this horrific event would like to have this day addressed.
We are so thankful for the community we live in and for the out pouring of support you have shared. From basic needs, fund raising events, to a special recognition dinner, children-run lemonade stands, to writing news articles, showing up at court to support us and for the many prayers you have sent our way. We will never be able to thank you enough.
As everyone knows, we lost 3 amazing neighbors that day. It just doesn’t feel fitting to over shadow the grief this anniversary will hold for those families. Some have asked about a celebration, but we are not yet at a place where we feel a celebration is in order. There are still so many unanswered questions and unfulfilled promises from the State as we work at reclaiming our lives.This event was tragic and avoidable. Like any tragic event it takes time for survivors to heal and move on.
How we would like to approach this first anniversary is to ask all of you to hold us and our lost loved ones in your heart. Visit our website please, we will have posted a special “one year later update” and if you would like, you will be able to post a message there to all of us. We would love to hear from you.
However, we have at a rather late hour, been given the opportunity for a press conference at the State Capitol on Tue. the 26th at noon. We are meeting Cheri Gerou in the west foyer at 11:45 and would welcome any of you who could take the time to drive down there and be with us; our goal is to appeal to the Legislators, Governor and Attorney General for their support.
Thank you for your understanding. your kindness and your continued support.
The survivors of the Lower North Fork Fire