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Durango man’s lawsuit against city dismissed

Judge rules town government protected under state law
A La Plata County Court judge on Monday dismissed a lawsuit brought by Durango resident Ron Cornelius, pictured here, who claims the city’s faulty billing practices led to two of his water pumps breaking.

A Durango man’s lawsuit against the city of Durango alleging the city turned off his water without proper notice, which ultimately resulted in two water pumps being destroyed, was dismissed Monday.

La Plata County Judge Dondi Osborne ruled that the city is immune from the lawsuit under the Colorado Governmental Immunity Act, a 2016 state law that protects municipalities from certain litigation.

The lawsuit was brought on by Ron Cornelius who said the city a few years ago turned off his water as a result of improper billing and notification processes. The city said it followed normal billing procedures, and when Cornelius failed to pay on time, the city’s finance department directed his water to be turned off.

As a result, two water pumps broke, causing about $1,650 in damages.

On Jan. 22, city attorney Dirk Nelson argued the city of Durango was protected under the Colorado Governmental Immunity Act. Osborne in a short court hearing Monday agreed and granted the city’s motion to dismiss the case.

Neither Cornelius nor the city of Durango chose to comment after Osborne’s ruling.

jromeo@durangoherald.com

Jan 22, 2019
Durango man takes city to small claims court


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