A proposed waste transfer station in Park County has become the center of a legal battle, as neighborhood organizations successfully challenged its approval by local authorities. The case was filed by the Park County Neighborhoods Alliance and Will-O-Wisp Metropolitan District in the Park County District Court against aSkag LLC on February 19, 2026. The plaintiffs argued that the Board of County Commissioners for Park County improperly approved a rezoning application that would allow aSkag LLC to operate the station.
The controversy began when aSkag LLC submitted an application to rezone land it owned from residential to heavy industrial use to establish a waste transfer station. This land is adjacent to residential neighborhoods represented by the plaintiffs. Initially, the Board conditionally approved this rezoning application, but upon final submission, it granted full approval with a narrow vote of two to one. The neighborhood organizations contested this decision in court, claiming that the Board had abused its discretion and exceeded its jurisdiction under Colorado Rule of Civil Procedure 106(a)(4). They sought not only judicial review but also an injunction to prevent any construction or operation of the proposed facility.
In their complaint, the plaintiffs argued that the Board failed to adhere to local land use regulations (LUR) and improperly used the Planned Unit Development (PUD) process instead of following procedures for conditional use permits required for heavy industrial activities like waste transfer stations. Despite these claims, Judge Tow and Judges Welling and Lipinsky found no error in using the PUD process since it allows development under unified control for various uses including heavy industrial ones.
Furthermore, accusations were made regarding non-compliance with Colorado Department of Public Health and Environment regulations governing waste transfer stations. However, it was determined that these regulations did not apply directly to PUD rezoning applications. The plaintiffs also raised concerns about potential spot zoning—rezoning that benefits specific properties at odds with comprehensive plans—but this was dismissed as evidence showed alignment with strategic goals such as economic diversification within Park County’s Strategic Master Plan (SMP).
Ultimately, while initially successful at district court level where an injunction halted operations pending appeal outcomes; upon appellate review by Division V judges who examined whether governmental bodies’ decisions constituted abuses based on records presented—the judgment favoring neighborhood groups was reversed entirely along with associated permanent injunctions against applicant company operations being lifted effectively reinstating original board approvals moving forward again legally speaking once more.
Representing parties involved are attorneys Jessica Christy from Christy Law LLC for Park County Neighborhoods Alliance; Jamie N. Dickinson & Jacob F Hollars from Spencer Fane LLP representing Will-O-Wisp Metropolitan District; John D Coaty Dylan Woods Rachael Wachs from Coaty & Woods PC defending appellant company AskaG Llc respectively throughout proceedings thus far under Case ID: 25CA0133 overseen primarily via Honorable Amanda Hunter presiding initially before reaching higher appellate courts ultimately rendering current status quo post-reversal directives issued accordingly thereafter.
Source: 25CA0133_Park_County_Neighborhoods_Alliance_v_aSkag_LLC_Opinion_Colorado_Court_of_Appeals.pdf
