County asks Court to Dismiss Lawsuit by Disappointed Bidder
County will continue with Marshall Fire Debris Removal
Boulder County, Colo. - Boulder County filed a motion on Monday requesting that the Court dismiss the lawsuit filed by Ceres Environmental Services, Inc., a Florida corporation that bid on the Private Property Debris Removal Program (PPDR). Like the plaintiff in a prior lawsuit against the county that the Court dismissed, Ceres seeks to stop the private property debris removal. In its motion, the county argues that Ceres, the third place losing bidder on the PPDR program, does not have standing to file its lawsuit. The county points to a series of cases holding that the public bidding process is for the protection of the public, not disappointed bidders.
Ceres is not a Boulder taxpayer or even a Colorado taxpayer. The Court in the prior lawsuit filed by Demanding Integrity in Public Spending determined that that plaintiff lacked standing because it was not a Boulder County taxpayer. The County also points out that a lawsuit based on a speculative future Federal Emergency Management Agency (FEMA) denial of reimbursement is not ripe because FEMA has not made a funding decision, and Ceres does not and cannot know the outcome of the FEMA process. And, in any event, FEMA has determined that the PPDR project is eligible for reimbursement. The County has consulted not only with its internal experts and state officials who possess expertise in FEMA grants, but it has also consulted the State’s Division of Homeland Security and Emergency Management (DHSEM) and FEMA at all stages of the project and has received and incorporated recommendations to proceed at all times in accordance with FEMA requirements.
Ceres filed a motion for a preliminary injunction for the case. The County will oppose Ceres’s motion and file a brief containing further arguments in addition to the arguments in the motion to dismiss. The Court has indicated that it will rule on the motion to dismiss prior to ruling on the motion for preliminary injunction or setting a hearing, if appropriate.
While this case proceeds, Boulder County continues to implement the coordinated PPDR program for Marshall Fire survivors, in cooperation with the City of Louisville and Town of Superior.
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