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Idarado HOA signals litigation over Southside Perimeter Trail; county attorney to research historic-trail designation
Summary
County staff told the Open Space Commission on July 28 that the Idarado Homeowners Association plans litigation to block the Southside Perimeter Trail, which is part of a Telluride Mountain Club package in the U.S. Forest Service NEPA process.
Members and staff at the July 28 Open Space Commission meeting discussed opposition and potential litigation tied to the Southside Perimeter Trail, a route included in a Telluride Mountain Club package submitted to the U.S. Forest Service for NEPA review.
County staff reported they had met with Telluride Mountain Club and Idarado Homeowners Association representatives on a site visit June 18 and that Idarado neighbors subsequently signaled opposition. “I heard from Sophie at the Telluride Mountain Club that they are going to be filing litigation to prevent the trail from moving forward,” a county staff member said. Staff said, as of the meeting, no one from the county had been formally served.
The proposed perimeter trail crosses parcels managed by four parties: the town, the county, the U.S. Forest Service, and Idarado/Newmont. County staff told the commission that county attorney Maura Fahey would research whether pursuing a historic-trail designation or other legal strategies could carry weight if private owners claim rights that impede trail use. Fahey cautioned that the county must be careful with public statements while litigation is pending.
Commission members discussed precedent elsewhere, including a similar perimeter-trail process in Ouray that overcame legal hurdles. Several commissioners urged staff to gather legal precedence and asked the county attorney to prepare a legal assessment so county officials know their options if the HOA files suit. Participants also discussed the broader pattern of private-property litigation affecting trail access across the West.
Ending: Staff will follow up with the county attorney and coordinate with Telluride Mountain Club; commissioners asked that the county be ready to respond publicly if litigation is filed and requested information on legal precedent and likely costs associated with defense.
