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Ridgeway resident warns county over prairie‑dog damage, says lawsuit possible if protections aren’t extended
Summary
Mark Kirk told the Ouray County commissioners he may sue the county over what he called unequal nuisance protections after repeated prairie‑dog damage to his property; county attorneys and staff said they will review statutory and local code and meet with him to explore options.
Mark Kirk, a Ridgeway resident, told the Ouray County Board of County Commissioners during public comment that persistent prairie‑dog activity has caused extensive damage to his property and left him with few remedies. Kirk recounted repeated control efforts that failed, out‑of‑pocket expenses for extermination and electric repairs, and attorneys’ advice that the county’s different treatment of incorporated towns and unincorporated county residents could support legal action.
"For 20 years since the two towns quietly passed these laws, the county has discriminated against the residents of the county by allowing protections to the residents within the town limits and by refusing to extend those protections to the residents of the county," Kirk said, asking commissioners whether county residents are “less deserving” of the same nuisance protections as town residents.
County staff and counsel urged Kirk to provide contact information and to have his attorney speak with the county attorney so staff could gather relevant code citations and notifications. County counsel said Colorado’s statewide nuisance statute and differences between statutory counties and home‑rule municipalities complicate the issue and that staff would research whether county nuisance rules were overlooked in past code applications.
Commissioners did not make policy changes or vote during the call to the public. One commissioner recommended staff prepare a review of state statute intersections, the county’s nuisance rules and how the county’s right‑to‑farm provisions may apply. County representatives offered to schedule a meeting between Kirk and county staff and the county attorney to examine potential remedies, including code enforcement or ordinance changes.
Kirk gave commissioners written copies of the town ordinances he cited and left a phone number for county staff. The board said staff would investigate and return with options; the county emphasized that detailed legal advice would come from its attorney and that any formal remedy could require an agendized discussion and potential ordinance changes.
