PHOTO: Jac Constant and his new puppy make their way up the mesa to show me the site of the proposed gravel pit.
As we headed up the hillside — Jac and Lee Constant with their young puppy, and me with my two-year-old granddaughter Simone — to view the proposed site for the Two Rivers Gravel Pit, Lee had mentioned that one of their neighbors was not happy with the gravel pit proposal. I got the impression this neighbor who owned a sizable piece of property.
After writing Part Two of this article series, I received a note from a Daily Post reader, asking if I was planning to interview the owners of the Diamond T Ranch, to get their take on the Two Rivers Gravel Pit, and their concerns that the mining operation might affect their property values. I responded by suggesting that the owners of the Diamond T Ranch might contact me and share their story.
I’m not sure exactly how large the Diamond T Ranch might be. Based on the information I found on the Archuleta County Assessor’s website, it might be 1,752 acres in size.
As of this morning, I’ve not yet heard from the Diamond T Ranch.
But I have heard from Daniel Gregory, of the Durango law firm Gregory, Golden & Landeryou LLC — a firm that, according to their website, provides a diverse array of legal services in areas, including but not limited to:
Civil Litigation
Construction Law
Contract Law
Real Estate Law
Business and Corporate Law
Homeowners Associations
Eminent Domain/Condemnation Law
According to the same website, Daniel Gregory has over 30 years of experience in “all aspects of construction law, including but not limited to, defect and delay litigation on a variety of projects including large luxury homes, condominium and real estate communities, and municipal projects, where he has represented owners, contractors, design professionals, owner associations, and their insurers.”
Mr. Gregory had noted this article series in the Daily Post, and thought I might be interested in some news related to the proposed Two Rivers Gravel Pit application. A few minutes prior to Mr. Gregory’s phone call, District Court Judge Greg Lyman had issued an oral ruling regarding an injunction that could have prevented C&J Gravel and Jac and Lee Constant from proceeding with the gravel mining operation. Judge Lyman’s ruling followed a preliminary injunction hearing held on April 13.
“A preliminary injunction hearing is essentially a mini-trial,” Mr. Gregory explained. “Witnesses are called, evidence is submitted. So the Diamond T Ranch appeared and submitted their evidence as to why my clients should not be allowed to have a gravel operation. And I appeared, along with Mr. and Ms. Constant and C&J Gravel, and we opposed the injunction.”
The hearing lasted from 9am until slightly after 5pm, I was told.
“About 30 minutes ago, Judge Lyman got everybody on the phone and announced his ruling. His ruling was that the plaintiffs’ request for an injunction was denied, based upon specific findings of fact that he articulated, on the record.
“So the plaintiffs’ attempt to enjoin this gravel operation has been denied by District Court Judge Greg Lyman, in an oral ruling that he made at approximately 1:15pm today. Whether or not any of that is relevant, and whether or not you want to print any of that information, is up to you. But given the series of article that I saw you writing, I told my clients that I would contact you and let you know the outcome of that ruling.
“We’re obviously very pleased. The lawsuit continues. But the plaintiffs’ request for an injunction to prevent this gravel operation from going in, has been denied.”
I did indeed find the information worth sharing with our Daily Post readers, but not because it has a direct bearing on whatever decisions the Archuleta County Planning Commission and Board of County Commissioners will eventually make about the Two Rivers Gravel Pit. Rather, I find the information worth sharing because it helps us all understand the complex nature of property rights and mining operations in Colorado.
The fact that Jac and Lee Constant own a large deposit of superior gravel is not a matter of dispute, as far as I can tell. Nor is anyone disputing their right to build a road across their own property to access that gravel deposit — nor their right to sell the gravel to C&J Gravel. And I don’t believe anyone is questioning the fact that Archuleta County has well over 300 miles of gravel roads that require occasional applications of gravel.
Around 15,000 tons of gravel per year, apparently. And that doesn’t include the metro districts within the county who maintain their own gravel roads. Nor does it include the gravel needed in Archuleta County for the production of asphalt, or concrete.
Things start to get tricky, however, when G&J Gravel’s delivery trucks exit the Constant’s property at 12500 County Road 500, and begin heading toward their final destinations. As much as we need them, we have a “love/hate” relationship with gravel trucks.
As my therapist once reminded me, it’s the internal battle between love and hate that causes emotional suffering.
Bill Hudson began sharing his opinions in the Pagosa Daily Post in 2004 and can’t seem to break the habit. He claims that, in Pagosa Springs, opinions are like pickup trucks: everybody has one.