SUPERIOR, Colo. — Four years after the Marshall Fire destroyed Superior’s most affordable neighborhoods, the town is turning to accessory dwelling units (ADUs) as one path toward rebuilding lost housing.
An ADU is a separate, secondary dwelling built on the same lot as the main residence.
“Historically, our original town was the more affordable area of town,” said Renae Stavros, planning and building director for the Town of Superior. “But we lost all of it to the Marshall Fire.”
She explained the original homes in the neighborhoods near town hall were built in the 30s, 40s, 50s, and 60s.
“They were just naturally affordable before, and once gone, the cost of the land is much higher now. The cost for construction, the cost for materials, really, just in order to build a house today, especially in Boulder County—it’s expensive,” she said. “Affordable housing in Superior, as of today, doesn’t really exist.”
Throughout this month, Denver7 has checked in with metro-area communities receiving funds from the first-ever Colorado Department of Local Affairs Accessory Dwelling Unit Grant Program.
Superior will receive $225,000, which they will put toward their Superior Building Today: Encouraging ADUs in the Town of Superior program, with the town providing $75,000 in matching funds.
Part of the plan is to develop pre-approved ADU designs for homeowners to choose from.
It’s similar to what the City of Brighton plans to do with its grant.
Brighton
Brighton to streamline permitting process for ADUs offering pre-approved plans
“Having a pre-set design will help you get through that process a lot faster,” said Michael Martinez, city manager for the City of Brighton, when Denver7 reported on the city’s ADU plan.
Superior also plans to research how to waive building fees or offset ADU costs in certain cases, using a consultant in the upcoming year.
Larimer County to waive building permit fees for affordable ADU rentals
“In exchange for keeping that housing affordable, we are willing, and able now, to waive the building permit fees,” said Rebecca Everette, community development director for Larimer County, when Denver7 reported on their ADU plan.
Superior’s plan also includes a GIS story map that will guide homeowners interested in building ADUs through the process and explain the available waivers and preset designs.
“There are still a lot of Marshall Fire survivors who have been displaced because of the cost of housing, and so we really hope that we can incentivize, in some way, Marshall Fire survivors to be able to come back,” said Stavros.
She added that about 50 units of affordable housing for Seniors are set to begin construction in 2026.
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The Director of the Office of Management and Budget Russell Vought posted on Tuesday that the National Science Foundation (NSF) will be “breaking up” the National Center for Atmospheric Research (NCAR). Vought continued to claim that NCAR “is one of the largest sources of climate alarmism in the country.”
The National Science Foundation will be breaking up the National Center for Atmospheric Research (NCAR) in Boulder, Colorado. This facility is one of the largest sources of climate alarmism in the country. A comprehensive review is underway & any vital activities such as weather…
On Wednesday, the National Science Foundation (NSF) announced it is reviewing the “structure of the research and observational capabilities” operated by NCAR. NSF said it will engage with partner agencies, the research community, and other interested parties to gather feedback on “rescoping the functions” of the work done within NCAR.
Meanwhile, the president of the University Corporation for Atmospheric Research (UCAR), which manages NCAR, said they have not been given any additional information about the federal government’s plan to “break up” the center.
The President of UCAR Antonio Busalacchi continued to say any plans to dismantle NCAR “would set back our nation’s ability to predict, prepare for, and respond to severe weather and other natural disasters.”
NCAR is considered a “global leader in Earth system science,” and the announcement has several members of the Boulder community concerned about its future. Three of those people came to NCAR on Wednesday morning, carrying signs that showed their support for the research done at the center.
“I’m just outraged. I’m a former federal employee who worked as a researcher in a different laboratory, and I know the value of NCAR,” said Kari Harper. “We need to, as a nation, be doing all that we can to understand climate change and see how we can eliminate our impacts to it in the future and what we can do to reverse it where possible.”
Jim Waltz
On Wednesday, three women came to the National Center for Atmospheric Research (NCAR) carrying signs in support of the research done at the facility.
“We saw the start of the Marshall Fire on a day just like this,” said Christine Cowles, while looking around at the strong wind gusts. “It is so dry. Any spark can burn down the whole city, we saw that, and it’s not fake. It’s true, and we need to take it seriously… NCAR’s important to Boulder, and it’s important to Colorado, and the whole world.”
The three women who brought signs to NCAR — Harper, Cowles, and Jennifer Roose — are members of a progressive group called Forever Indivisible. They are planning a Save NCAR visibility event on Saturday from 11 a.m. to 1 p.m. in front of the National Oceanic and Atmospheric Administration (NOAA) in Boulder. The event is focused on NCAR, but the organizers feel they’ll be seen by the public more at NOAA.
Harper, Cowles, and Roose believe the dismantling of NCAR is directly related to the ongoing saga surrounding Tina Peters. Last week, Trump said he was granting a “full pardon” to the disgraced former Mesa County Clerk, who was convicted in 2024 on state charges for tampering with Colorado’s election systems in the 2020 presidential election.
“It really seems like climate change denial, and we’re also thinking it might be a little retribution for not releasing Tina Peters recently,” said Roose.
Colorado Congressman Joe Neguse, a Democrat who represents Colorado’s 2nd Congressional District, also believes the NCAR dismantling is connected to Peters.
“It is part and parcel to a larger plan of retaliation and intimidation of our state by the Trump administration,” Neguse said. “It’s not how our democracy is supposed to function.”
Denver7
Colorado Congressman Joe Neguse speaks with Denver7 reporter Colette Bordelon.
Neguse said the work done at NCAR is “vital” to the country, both in terms of national security and weather modeling. He does not believe the Trump administration can legally dismantle the research center.
“I think it’s an unlawful decision made by the Trump administration, and we’re certainly going to do everything we can to push back against it,” Neguse said. “There’s a master agreement that’s negotiated between UCAR and the National Science Foundation, and my understanding is that agreement does not expire for several years. I think it is clearly unlawful to terminate that agreement when we know that the reason for the termination of the agreement is a political dispute — essentially a state refusing to release someone who’s been convicted of criminal offenses early from jail. That is outrageous.”
Denver7 reached out to Colorado’s Republican congressmembers as well, and received a statement from Congresswoman Lauren Boebert. Boebert said she “strongly support(s) the Administration’s decision (to) defund leftist activism disguised as science.”
Boebert’s statement continued to say: “This facility advanced the left-wing climate lunacy that is phasing out reliable energy like coal and natural gas and why Coloradoans are having their power shut off in December. Vital functions like weather research will be preserved and relocated to appropriate entities that focus on actual science, not radical environmentalist ideology.”
The University of Colorado at Boulder (CU Boulder) works closely with NCAR and sent Denver7 the following statement:
The University of Colorado Boulder values its longstanding collaboration with the National Center for Atmospheric Research (NCAR), which spans decades of joint research and innovation. Together, CU and NCAR have advanced critical scientific understanding in various weather-related areas affecting our state and nation––work that directly benefits communities around the country and supports national security. NCAR is a national resource with deep-rooted collaborations with institutions across the United States and the world. Our faculty, researchers and students work closely with NCAR on numerous projects that enable our nation to predict, prepare and respond to natural disasters that can have severe consequences on our communities both in terms of lives and economic impact to our communities. We believe maintaining NCAR’s capabilities is essential for scientific progress and for safeguarding lives and livelihoods.
Spokesperson, CU Boulder
Denver7 | Your Voice: Get in touch with Colette Bordelon
Denver7’s Colette Bordelon covers stories that have an impact in all of Colorado’s communities, but specializes in reporting on crime, justice and issues impacting our climate and environment. If you’d like to get in touch with Colette, fill out the form below to send her an email.
On Feb. 14, 2022, a Starbucks manager pulled Michaela Sellaro aside for a meeting.
Just a few weeks earlier, Sellaro and a group of her fellow baristas at the coffee shop at 2975 East Colfax Ave. in Denver informed the company’s CEO that they planned to organize a union.
In the early afternoon, at a table by the windows, the store and district managers sat Sellaro down for a chat. The message, though light and breezy, was clear: “You know Starbucks’ stance is that we don’t need a union to represent our partners,” Kaylin Driscoll, the district manager, told Sellaro, according to a recording reviewed by The Denver Post.
Relationships with leadership will degrade if employees vote to organize, the managers told her. Promotions could be nixed. Benefits might change.
“The dynamic of having those conversations will change with a union,” said Ariel Rodriguez, the store’s manager, in the recording. “I have no personal desire to be part of a store that has to work through a union to have those conversations with you. I have zero interest in that.”
The East Colfax store, which the company has since closed, represents one of 18 Starbucks cafes in Colorado that have unionized since 2022, despite the Seattle-based coffee giant’s well-documented union-busting activity. What started with one unionized store in Buffalo, New York, in 2021 has blossomed into a nationwide movement encompassing 640 locations and thousands of workers around the United States.
Union supporter Pete DeMay of Chicago chants into a bullhorn along with other picketers during a labor organizing action at the Starbucks location at 2975 E. Colfax Ave. in Denver on Friday, March 11, 2022. (Photo by Eric Lutzens/The Denver Post)
Starbucks has nearly 18,300 locations, company-operated and licensed, across the U.S. and Canada. So far, despite the rapid growth in organizing, fewer than 4% of Starbucks workers are employed in unionized stores.
Starbucks has fought these efforts tooth and nail along the way. The National Labor Relations Board, which regulates private sector union activity in the U.S., has found the company illegally fired workers in response to organizing, closed stores because of union votes and engaged in widespread unfair labor practices designed to quash workers’ efforts.
The coffee conglomerate is the biggest violator of labor law in modern history, according to Starbucks Workers United, the national union representing company workers. The NLRB and its judges have found Starbucks has committed more than 500 labor law violations, the union says. Workers have filed more than 1,000 unfair labor practice charges, including more than 125 since January. More than 700 unresolved charges remain.
Despite the hundreds of union votes over the past four years, baristas are still working without a contract. This month, 92% of union workers voted to authorize an open-ended unfair labor practices strike ahead of the holiday season. The vote comes after six months of Starbucks “refusing to offer new proposals to address workers’ demands for better staffing, higher pay and a resolution of hundreds of unfair labor practice charges,” the union said in a news release.
On Nov. 13, more than 1,000 workers — from 65 stores in more than 40 cities, including Colorado Springs and Lafayette — walked off the job. The union said it was “prepared to continue escalating” its strikes if the company failed to deliver a new contract.
“Union baristas mean business and are ready to do whatever it takes to win a fair contract and end Starbucks’ unfair labor practices,” said Michelle Eisen, a Starbucks Workers United spokesperson and 15-year veteran barista. “We want Starbucks to succeed, but turning the company around and bringing customers back begins with listening to and supporting the baristas who are responsible for the Starbucks experience.
“If Starbucks keeps stonewalling, they should expect to see their business grind to a halt. The ball is in Starbucks’ court.”
The union’s push comes amid a wave of public support for organizing efforts. More than two-thirds of American adults approve of labor unions, according to Gallup polling, a level last reached in the 1950s and early 1960s. Support remains especially strong among young people — a demographic common for Starbucks baristas.
Starbucks representatives declined an interview request for this story. Sara Kelly, Starbucks’ chief partner officer, told employees in a letter this month that the company had bargained in good faith with the union, reaching more than 30 tentative agreements on full contract articles.
“Our commitment to bargaining hasn’t changed,” Kelly wrote. “Workers United walked away from the table, but if they are ready to come back, we’re ready to talk. We believe we can move quickly to a reasonable deal.”
Starbucks, she said, remains the best job in retail, paying, on average, $30 per hour for hourly workers once benefits are factored in.
The first Colorado union shop
But employees at Colorado’s first unionized cafe quickly learned the extent to which Starbucks would go to dissuade organizing efforts.
Harris didn’t know much about labor organizing, but she was intrigued. She and her colleagues were sick of the low compensation, of underscheduling and understaffing, and of not learning their weekly schedules until the night before.
Harris connected with the Buffalo workers over Twitter, and the resulting conversations helped launch the first Starbucks union efforts in Colorado.
Many of her colleagues were scared. One quickly told management about the plans.
Within a week, a rarely seen district manager suddenly showed up at the store, Harris said. Management organized an hour-long meeting about how the union was a bad idea, she said.
“They laid it on thick,” Harris said.
The day the workers officially filed with the NLRB, the Marshall fire broke out in Boulder County. As the blaze raged in Superior and Louisville, the Starbucks employees continued to work. Several staffers lost their own homes or were forced to evacuate.
Harris said she got a call that night from her manager, asking if she was OK. Then she said she was told to be at work first thing the next morning.
“It was a total exploitation of us,” Harris said.
As the vote neared, Starbucks amped up its anti-union activity, she said. Management initiated more two-on-one meetings with staff members. For many of the teenage baristas, this represented one of their first jobs. And here leadership was telling them that they wouldn’t be able to transfer stores or enjoy the perks that nonunion employees would receive, such as credit card tips.
Len Harris fires up the crowd during a rally at Trident Booksellers and Cafe in Boulder on Thursday, July 25, 2024. Harris helped to organize the first unionized Starbucks in Colorado, in Superior, before she was fired. (Matthew Jonas/Boulder Daily Camera)
“The individual intimidation was infuriating beyond belief,” Harris said. “I was sick to my stomach that they were taking advantage of these younger workers to terrify them.”
An executive flew in from Seattle and observed staff at work for weeks, Harris said. Management started cutting workers’ hours.
In April 2022, 12 of the 14 employees at the Superior location voted in favor of forming the union. The company, though, refused to negotiate with the newly formed body. So they went on strike in November, shutting down the store for the entire day.
The following day, Starbucks fired Harris, citing a policy about handling cash that she said she had never heard of. An administrative law judge with the NLRB later found the company had illegally fired Harris based on her union activity. She’s still waiting for tens of thousands of dollars in court-ordered back pay.
“I feel like I’ve gotten a peek behind the curtain to the levels of depravity that the company will sink to to take advantage of their employees,” she said.
The Starbucks playbook
The tactics Starbucks used to try to quash worker organizing in Superior are part of the playbook deployed by company leadership across Colorado and the rest of the country, according to interviews, NLRB documents and news reports.
Emily Alice Dinaro started organizing a Starbucks location on Denver’s 16th Street mall in 2022 because of what she saw as management’s failure to protect staff from violence, drug use and volatile customer interactions that were occurring daily.
After the union activity began, management started enforcing existing rules more strictly, while introducing new edicts, she said. Union supporters were singled out, and these new enforcement steps were used to push people out of the store, Dinaro said.
Out of the 26-person staff, 18 workers signed union cards, while 10 of them signed a letter to the Starbucks CEO informing him of their support. But the implementation of these new rules — concerning dress code, cell phone use and cash handling, among other things — forced widespread turnover at the store, Dinaro said. Only five people ended up voting in the union election, which passed successfully.
Dinaro was fired shortly after the vote over what the company said were repeated violations of its attendance and punctuality policy. In 2024, an NLRB judge ruled that Starbucks had fired her illegally due to her union activity.
“When I first started at Starbucks, I thought they were an outstanding, virtuous company,” Dinaro said. “I’ve come to learn they just have an outstanding PR team.”
Starbucks barista Brenna Bellfield holds roses, a symbol of the labor movement, in front of the unionized East Colfax location of Starbucks in Denver, Colorado, on Saturday, Jan. 2022. (Eli Imadali/Special to The Denver Post)
A Starbucks spokesperson, in a statement to The Post this month, said the company “respects our partners’ right to choose through a fair and democratic process, to be represented by a union or not to be represented by a union.”
But federal judges have repeatedly said otherwise. The NLRB, time and again, has found that Starbucks violated the National Labor Relations Act in dealings with employees and their efforts to unionize.
The coffee giant shuttered a store in Colorado Springs in 2022 shortly after its workers voted to unionize and one day before a requested bargaining date. The NLRB, the following year, ordered Starbucks to reopen that store, along with 22 others around the country, because the company had failed to give notice to labor groups.
The NLRB invalidated another union election at a different Colorado Springs location in 2022, finding that management threatened employees through “highly coercive” questioning and “textbook unlawful interrogation.” One manager gave “dire” warnings to workers that unionized stores would not receive certain benefits, such as pay raises.
In several instances, Starbucks violated federal law by firing Colorado workers over pro-union activities, the NLRB found.
The company has employed these same tactics to dissuade union activity across the country.
Federal labor regulators in 2022 asked a court to force Starbucks to stop the company’s “virulent, widespread and well-orchestrated response to employees’ protected organizing efforts.”
Starbucks has refused to divulge how much it has spent on its response to worker organizing campaigns. A federal judge in 2023 ordered the company to comply with a U.S. Department of Labor subpoena seeking expenditure documents for its investigation into the company’s compliance with the Labor-Management Reporting and Disclosure Act.
“We will not sit idly by when any company, including Starbucks Corp., defies our request to provide documents to make certain they are complying with the law,” Solicitor of Labor Seema Nanda said in a statement at the time.
Howard Schultz, the coffee chain’s billionaire founder, has said the unionization drive felt like an attack on his life’s work. In previous speeches to his employees, he has cast the union as “a group trying to take our people,” an “outside force that’s trying desperately to disrupt our company” and “an adversary that’s threatening the very essence of what (we) believe to be true.”
Sharon Block, a former NLRB member under President Obama and a professor at Harvard Law School, said the coffee giant has used a tried-and-true playbook to stifle union activity. But with weak federal laws and a National Labor Relations Board that has been stunted by the Trump administration, she said, there is little incentive for unscrupulous companies to play by the rules.
“This is a continuing pattern of behavior that sends a signal to the workers that this is a company that will do almost anything to stop them,” she said in an interview.
Starbucks has earned the distinction as a model for unlawful corporate union busting, the Economic Policy Institute, a nonpartisan think tank, wrote in a January article. The National Labor Relations Act lacks teeth, making companies more than willing to accept a few slaps on the wrist in order to achieve their broader goals, the report’s author noted.
“There is no mystery as to why corporations like … Starbucks … violate the (law) with such regularity: Crime pays great dividends, as it produces the desired chilling effect on worker organizing and as corporations consider the law’s paltry sanctions an insignificant price to pay to prevent unionization through fear and disruption,” the article states. “The penalties for violating the (law) are utterly meaningless for multibillion-dollar corporations.”
‘No contract, no coffee’
Despite these aggressive union-busting efforts, Starbucks workers continue to organize in Colorado and across the country.
Unionized shops in Colorado have grown to 17 stores, including five in Denver. More than 640 member stores have joined the cause since 2022, making the drive one of the fastest organizing efforts in modern history, according to Starbucks Workers United.
Now workers want a contract.
The union and the company conducted their first bargaining session in April 2024, meeting monthly that summer. In December, however, the union says Starbucks backtracked on the agreed-upon path forward. Starbucks Workers United accused the company of failing to bargain in good faith.
In April, the company rejected Starbucks’ package. The two sides have yet to return to the bargaining table.
Workers voted overwhelmingly on Nov. 5 to authorize an open-ended unfair labor practice strike. The union on Nov. 13 turned Starbucks’ Red Cup Day — an annual free cup giveaway around the holiday season — into a “red cup rebellion,” forcing the closure of nearly all 65 stores where workers were striking.
Starbucks Workers United said they planned to continue escalating the strike, warning that it could be the “largest, longest strike in company history” if the company refuses to deliver a fair contract.
Colorado Sens. John Hickenlooper and Michael Bennet, along with 24 of their Senate colleagues, wrote a letter this month to Starbucks CEO Brian Niccol, pushing the company to end its “illegal union-busting efforts and negotiate a fair contract with its employees.”
“It is clear that Starbucks has the money to reach a fair agreement with its workers,” the senators wrote. “Starbucks must reverse course from its current posture, resolve its existing labor disputes, and bargain a fair contract in good faith with these employees.”
Jeremy Dixon, right, and Starbucks baristas picket outside a Starbucks store during a rally to demand a new union contract in Colorado Springs on Wednesday, Oct. 29, 2025. (Photo by Hyoung Chang/The Denver Post)
Kelly, Starbucks’ chief partner officer, said the company already offers the best overall wage and benefits package in retail. She touted strong benefits that include health care, 100% tuition coverage for a four-year college degree and up to 18 weeks of paid family leave. The union, she wrote, is proposing pay increases of 65% immediately and 77% over three years, along with other proposals that would “significantly affect store operations and customer experience.”
“These aren’t serious, evidence-based proposals,” Kelly wrote.
The union, though, says many workers don’t get enough hours to qualify for benefits. Starting wages for baristas, they say, are $15.25 an hour in a majority of states, though Denver’s minimum wage stands at $18.81, requiring higher rates. Barista positions listed on the company’s website start at $17 per hour in Colorado, while shift supervisor roles begin around $21 per hour.
Baristas in Fort Collins and Colorado Springs last month participated in a national wave of pickets as they demanded a fair contract and prepared to strike.
“No contract, no coffee!” workers and their allies shouted as they rallied outside a Starbucks cafe on South College Avenue in Fort Collins. “Respect our rights or expect our strikes!”
Drivers honked their horns in support, while supporters gave thumbs-down reactions to those frequenting the coffee chain.
Three days later, a dozen people picketed outside a cafe on Carmela Grove in Colorado Springs, chanting in call-and-response choruses.
“I’m proud so many other stores are willing to step up with us,” said Blue Taylor, a shift supervisor and strike captain at the store. The 19-year-old watched as the company, during the store’s unionizing drive, spread misinformation about the consequences of organizing and tried to dissuade workers from supporting the cause. It didn’t work.
Xcel Energy has agreed to pay approximately $640 million to settle a lawsuit involving over 4,000 plaintiffs who sued the company over complaints stemming from the Marshall Fire.
In December 2021, a wildfire sparked in Boulder County, destroying more than 1,100 homes and buildings and burning over 6,000 acres. The Boulder County Sheriff’s Office said the massive wildfire began as two separate fires.
The first began on a property at 5325 Eldorado Springs Drive six days before the Marshall Fire and later reignited, investigators determined. They said the second fire began south of the Marshall Mesa Trailhead on Dec. 30 when hot particles were discharged from an Xcel Energy power line.
Xcel asserted that the telecommunication equipment was not malfunctioning and that the previous open burn was the start of the wildfire. In the defendant’s trial brief, they argued it ignited over an hour before the trailhead ignition, and had already begun to damage homes by that point.
According to the Colorado Insurance Commissioner, the Marshall Fire caused over $2 billion in property losses.
Seven lawsuits were filed against the energy company, which were later combined. The initial lawsuit, filed by a group including Kupfners, claimed the utility company was responsible for the fire.
“What Xcel Energy has been insisting is that their equipment had nothing to do with the start of the fire, so the sheriff’s investigation blows that up,” James Avery, the lawsuit’s lead attorney, told CBS Colorado in 2023. “They just don’t want to accept their responsibility because it is massive.”
On Wednesday, Xcel Energy agreed to pay approximately $640 million to settle claims by insurers, public entity plaintiffs and individual plaintiffs. Xcel, a subsidiary of Public Service Company of Colorado, maintains that its equipment did not cause or contribute to the fire, stating:
“Despite our conviction that PSCo equipment did not cause the Marshall Fire or plaintiffs’ damages, we have always been open to a resolution that properly accounts for the strong defenses we have to these claims. In resolving all liability from the claims, this settlement reinforces our longstanding commitment to supporting the communities we serve,” said Bob Frenzel, chairman, president and CEO of Xcel Energy. “We recognize that the fire and its aftermath have been difficult and painful for many, and we hope that our and the telecom defendants’ contributions in today’s settlement can bring some closure for the community.”
The company said approximately $350 million of the settlement will be funded by its remaining insurance coverage and that none of it will come from its customers. Xcel Energy said telecom defendants Qwest Corporation and Teleport Communications America, LLC are also contributing to the settlements.
The agreements in principle are subject to final documentation and individual plaintiffs opting into the agreement negotiated by their counsel, they added.
Gov. Jared Polis said he’s glad to see a resolution and hopes it will help the community continue to rebuild.
“The Marshall Fire was the most destructive fire in Colorado history, ripping through our communities and displacing many Coloradans from their homes. It is about time this matter is resolved, and I hope these settlements provide some needed closure for Coloradans and communities that were directly impacted by the Marshall Fire and provide additional resources to help survivors and the community continue to rebuild, recover, and further strengthen our resilience.”
Marshall fire victims who joined the massive lawsuit against Xcel Energy are expected to receive their portion of the $640 million settlement before the end of the year, but the amount of money each plaintiff receives will not be publicly disclosed.
Xcel and plaintiffs’ attorneys announced the settlement Wednesday, just one day before the start of jury selection in a two-month civil trial to determine blame for the 2021 wildfire that killed two people and destroyed more than 1,000 homes in Boulder County.
The full terms of the settlement will not be released, though private corporations involved in the litigation may need to disclose their payouts to shareholders. The individual homeowners who participated in the lawsuit will be required to sign nondisclosure agreements, said Paul Starita, a lawyer at Singleton Schreiber, one of the firms that represented homeowners.
Not every person or company among the more than 4,000 plaintiffs will receive the same amount of money, Stirata said. The amount each receives will depend on the level of damages.
Plaintiffs whose houses burned to the ground would be in line to receive more money than people who suffered smoke and soot damage, he said. People who rented housing or owned rental properties were also parties to the lawsuit, as were some people who only evacuated and sued for the nuisance. And claims involving deaths would be compensated with a higher amount.
Attorneys figured out months ago what percentage of any settlement or jury award each plaintiff should receive, because those dollar figures were part of the mediation and settlement negotiations, Stirata said.
“You add up all of those figures and the defendant pays you that lump sum and you give that to your clients,” he said. “It’s a fair settlement.”
Payments should start being distributed within 60 days and be complete by the end of the year, Stirata said.
The lawyers will also get a cut of the settlement as their payment for taking on the case. Each firm sets its own fee for the clients it accepted, Sirata said. He declined to reveal what percentage Singleton Schreiber will receive.
A large chunk of the settlement will go to the 200 insurance companies that sued Xcel to compensate for the massive property damage claims they paid in the fire’s aftermath. In a legal filing ahead of the trial, those insurance firms said they suffered $1.7 billion in losses. It is not known what settlement amount they agreed to.
The Target Corporation was a plaintiff as well because its store in Superior was closed for months due to fire damage. The city of Boulder, Boulder County and the Boulder Valley School District were also plaintiffs.
The fire ignited first on the property of the Twelve Tribes religious cult, which has a compound on Eldorado Drive, near the Marshall Mesa Open Space. That ignition was caused by smoldering embers left over from a Dec. 24 burn-pit fire on the property.
The Mountain View Fire Protection District and Boulder County sheriff’s deputies responded when neighbors reported the fire, and the cult members extinguished the blaze by burying it with dirt. However, strong winds on Dec. 30 uncovered the smoldering embers and sent them flying into dry grasses and brush.
A second ignition occurred about an hour and 20 minutes later when wires and electrical equipment from an Xcel utility pole became unmoored, clashed into each other and threw sparks into dry grass at the trailhead, an investigation by the Boulder County district attorney and sheriff’s offices found.
In the settlement, Xcel did not admit fault or negligence for the fire and continues to deny that its equipment ignited the Marshall fire.
The Twelve Tribes was not named as a defendant in the lawsuit. Stirata said that’s because “we didn’t see them as an entity you could recover (money) from.” The cult also would have been able to claim it was given the OK by the fire department on Dec. 24, he said.
The various lawyers will appear before Judge Christopher Zenisek on Nov. 5 to provide an update on the settlement.
LOUISVILLE, Colo. — In the Marshall Fire burn zone, there are dozens of families now returning to their newly built homes every week. The wildfire destroyed more than 1,000 homes in Louisville and Superior back in December 2021. It remains the most destructive wildfire in Colorado history.
Among those newly built structures is one that stands out among the rest in Louisville, a passive home. The building standard not only emphasizes high energy efficiency, but it’s also fire-resistant and enhances indoor comfort and sound insulation.
“This is our first certified passive home,” said Frank Wetenkamp with Living Craft Design and Build. “Using lumber that is either wildland urban appliance class, a fire component or something like that, that’s thick enough that you don’t want it to break down easily. So, like this decking is actually a pressure-treated fire-resistant wooden material.”
The family that built the home couldn’t be more thrilled with their choice.
“Along the road it was hard,” said Casey Lombardo. “Like, money was hard, everything was hard, and we kept asking, are we doing the right thing? Should we be doing this? Does it make sense? We always came back to — if we’re going to do it, let’s do it amazing. And I think it’s pretty amazing.”
Denver7
For Casey Lombardo, her husband, Kevin Lombardo, and their two boys, their journey to recovery begins on that fateful day back on December 30, 2021.
“It looked like … there’s another wildfire somewhere,” Casey Lombardo said. “You know, I just totally dismissed it.”
That’s when Kevin Lombardo decided to drive up to the ridge to take a look.
“And I just kind of started shaking,” Kevin Lombardo said of what he saw. “I thought if it’s going to miss us, it’s going to be by this much.”
“And he came back down to the house, and he was like, ‘Everybody get into the car now!’” Casey Lombardo said. “And I was like, ‘Oh!’ We left about 15 minutes before the cops came down our neighborhood with a bullhorn saying, ‘Get out now!’”
Marshall Fire
6:15 AM, Jan 04, 2022
It would be the last time they saw their house still standing.
“I don’t think it actually settled in for me until we came back to the lot,” Casey Lombardo said. “And I saw it and that was like a week later.”
The Lombardos describe the months and weeks that followed as a fog, but then a light came on in the form of a webinar late one night that introduced them to passive building principals.
“They talked a lot about the benefits of high-performance houses,” Kevin Lombardo said. “The benefits of building a passive house.”
“We were sold,” Casey Lombardo said.
“I didn’t really care before that what we rebuilt,” Kevin Lombardo said. “After this webinar, I cared a lot.”
Fast-forward to this spring and the Lombardos are now moving in.
“They’re a double-stud wall with a bunch of insulation,” Casey Lombardo said as we toured the house with them. “The house is really air-sealed.”
The Lombardo’s dream has become a reality.
Denver7
“Separating the garage from the thermal envelope of the rest of the house is really important because you can’t achieve airtightness with a garage,” said a representative with Shape Architecture, which worked with Living Craft on the home.
“Intumescent vents allow air to move up behind the siding,” Wetenkamp said. “These homes are designed to use the minimum amount of energy possible. I think for us as builders, it’s really exciting to be a part of something that’s more cutting edge and innovative.”
The home certainly sticks out from the crowd of new homes here in Louisville, with its metal siding and metal sunshades above every window.”
“There was this other neighboring builder in this neighborhood who stopped by and was like, ‘What are you guys doing? Everything you’re doing is so weird and why are you doing it?’ And I kind of tried to explain and he was just like, ‘Well, I’ve never seen this. I’ve been doing this for 40 years and I’ve never seen it,’” explained Wetenkamp’s business partner, Cheryl Corsiglia.
The Lombardo’s home uses one-third of the energy and electricity of the average home.
“Everything about the house was designed to minimize the impact of future fires and be fire resistant,” Kevin Lombardo said. “It’s a better home for people and the planet.”
“I think for us as builders, it’s really exciting to be a part of something that’s more cutting edge and innovative, you know, through our history of the company. We’ve always been interested in what’s the next step and how can we do things better,” Wetenkamp said.
‘Cutting edge’: Inside a fire-resistant home built in the Marshall Fire burn area
Coloradans looking to buy homes or simply hold onto their property face a barrage of challenges: a white-hot real estate market, high interest rates and soaring property taxes. You can add surging home insurance rates to the pile of problems eroding the landscape of affordable housing options.
Colorado homeowners are reporting premium increases ranging from roughly 30% to more than 130% in just the past few years. People are getting the bad news that their policies won’t be renewed. Some insurance companies are deciding not to write new policies to cut their risks.
And condo owners are getting hit with special assessments and higher dues because premiums are skyrocketing for homeowners associations. The groups must often resort to non-standard carriers, which typically charge sky-high rates for lesser coverage.
“We truly have the hardest market that we’ve seen in a generation for property insurance,” said Carole Walker, executive director of the trade organization Rocky Mountain Insurance Information Association.
Colorado’s not alone. Inflation, higher home costs and the rising number and severity of natural disasters and wildfires are pushing up insurance costs. The average premium rate increase nationwide in 2023 was 11.3%, according to S&P Global Market Intelligence.
But Colorado’s recent increases stand out. The state was one of three with the biggest cumulative change in rates 2018-2023. Colorado logged a 57.9% jump, just behind Texas at 59.9%. Arizona saw a 52.9% increase.
A convergence of factors is driving the run-up in costs, Walker said. Higher inflation is one of those. “You have everything that insurance pays for going up in cost.”
Building materials are more expensive. Labor costs are up and labor shortages create delays and add to the expense. Walker said insurance-related lawsuits also help push up premiums.
An even larger force is the fallout from increasingly costly wildfires, hail storms and other disasters. Insurance companies doing business in Colorado reported the fourth-highest losses in the country for five years, according to data compiled for a 2023 report by the Colorado Division of Insurance.
“I hate to say it, but we all likely need to adjust to higher premiums over the long term,” Walker said.
The effects of the mounting risks are being felt by a lesser known, but crucial link in the chain that connects to homeowners: the reinsurance market. Reinsurers are typically large, global companies that provide insurance to insurance companies to help spread the risk.
“The international impact of climate change, of increasing climate disasters, the severity of those disasters is causing reinsurers to consider their risk, reduce their exposure or increase their premiums,” said Vince Plymell, spokesman for the insurance division.
As a result, the effects of hurricanes and earthquakes in other parts of the country or world can eventually show up in a Colorado homeowner’s insurance bill, said Jason Lapham, the state’s deputy commissioner for property and casualty insurance.
Closer to home are the growing risks of wildfire and hail storms. Colorado is second in the nation for hail-damage claims and second only to California for the number of homes at risk from wildfires. Colorado hasn’t seen the kind of wide scale refusal of companies to write new policies that California has, but Lapham said there is a trend of some companies not re-upping policies in areas prone to wildfires or other disasters or taking “a pause” on new clients.
“It doesn’t mean they’re leaving the state entirely, but for those people who are affected, the effect is the same,” Lapham said.
State officials don’t have a lot of insight into the modeling used by companies to decide which areas are too risky to insure, Lapham said. “We’re focused on getting a better understanding and creating transparency, not just for us but also for policy holders.”
Levi Ware, project manager from Red Hawk Roofing company from Denver, takes pictures of a roof damaged by large hail and a tornado along Chesapeake Street in Highlands Ranch on June 23, 2023. A rare tornado hit the Highlands Ranch area Thursday afternoon causing damage to roofs and uprooting large trees. (Photo by Andy Cross/The Denver Post)
What’s worse than rising premiums?
There were plenty of insurance options for Bryan Watts and his wife when they bought a house in Guffey in Park County, west of Cripple Creek. The premium was about $2,000 in 2019 and rose gradually to $2,522 for the 2023-2024 policy year.
“Things changed dramatically in August 2023 when we received a notice of non-renewal at the policy maturity of June 2024,” Watts said. “I called them and was told it was simply due to wildfire risk.”
Watts tried to reason with the company, saying he had done a lot of work to reduce threats from wildfire. He offered to send pictures of his home or show an inspector around his property. But the insurer told him that it wasn’t going to cover homes in his zip code.
“I thought, ‘Well, no big deal. I’ll just move to another carrier,’” Watts said. “I had no idea how bad it had gotten just in the last year or two.”
A broker Watts worked with found only nonstandard insurers willing to cover his home. The insurers might take on customers that more traditional companies consider too risky, but the coverage comes at a high price. In Watts’ case, the quote was for nearly $35,000.
After making calls on his own, Watts found one of the big-name companies willing to write a policy for $4,800. A hang-up for companies that turned him down was that the nearest fire station is about 16 miles from his home. “They’re looking for substations that are 10 miles or closer,” Watts said.
Like a lot of people, Watts has a mortgage on his house, which means he needs to carry insurance. “There are going to be very few people who are able to live out here without a mortgage,” he said.
Escalating home insurance premiums and companies scaling back coverage are creating angst in the real estate industry. Brian Tanner, vice president of public policy for the Colorado Association of Realtors, said agents are seeing properties lose coverage or unable to find insurance.
“All of this together is incredibly problematic for a market that we already know is strained. We need more available units,” Tanner said. “If we have existing residences that cannot secure insurance, that is absolutely a market disruptor.”
Real estate agents are scrambling to help clients to find coverage, Tanner said. He is concerned about rising rates on people on fixed incomes.
The state is creating an insurer of last resort, officially called the Fair Access to Insurance Requirements, which will be paid for by assessments on the insurance industry. But it won’t be up and running until 2025 and applicants must have been turned down by at least three carriers.
Walker said the goal is to relieve pressure on the standard carriers by shifting some of the high risks, which the industry hopes will stabilize the market.
“Everybody I talk to is talking about the property insurance issue,” said Sarah Thorsteinson, CEO of the Altitude Realtors association, which includes Summit and Routt counties.
Real estate agents working in mountain communities started looking at the effect of wildfire risks on home insurance rates around 2012. That’s when the association started education and fire-mitigation programs for members and the public to head off possible mandates it worried could increase costs for buyers and sellers.
Thorsteinson represents property owners as a non-voting member of the Colorado Fire Commission. She said the association’s biggest concern with rising insurance premiums is housing affordability.
The ongoing struggle by homeowners associations, HOAs, to secure insurance has grown tougher, Thorsteinson said. She has heard of HOA dues doubling and tripling for condo owners in her area after insurance premiums shot up.
“We’ve seen increases of 100% or more for HOA policies,” said Lapham with the state insurance division.
Even before the recent rate increases, it was common for HOAs to have to seek providers in the non-standard market, also called the surplus lines market. “My guess is that it’s more common now than it has been simply because of the tightening of the market generally,” Lapham said.
Many of the more well-known insurers have gotten out of the condo business, Walker said, leaving the nonstandard carriers, whose policies are more expensive and have higher deductibles.
The more traditional insurers exited in part because of fears around construction-related lawsuits by HOAs. A 2017 law that requires a majority of homeowners to approve pursuing a lawsuit rather than just the HOA board has done little to coax insurers to write policies for condo buildings.
In some cases, HOA boards, trying to avoid raising dues, have put off infrastructure improvements and maintenance, making insurers nervous about the liabilities, Walker said.
The Hiland Hills Townhomes HOA was able to line up a new insurer in 2023, but had to budget for a 30% increase in premiums. Dues went up from $336 a month to $460 per unit.
“The coverage decreased overall. This year we’re budgeting for another 15% increase,” said Dmitry Gall, the HOA board president at the Denver complex.
The HOA was able to shuffle some items in the policy to hold down the increase. Gall said the association is cutting back in other areas to help pay the premium.
The HOA where Jon Christianson has a rental unit saw its insurance premium leap from the $167,000 budgeted last year to nearly $607,000. His fees doubled, “with a special assessment coming,” he said.
A letter from the HOA board that Christianson shared with The Denver Post said the previous insurance carrier got out of the Colorado market. Several companies declined to offer bids on a new policy because of the height and age of the three buildings in the complex and the fire suppression system.
Then the insurance for Christianson’s primary residence rose by 40%.
“I’ve never filed a claim. I’ve been with same insurance company for five years,” Christianson said. “This is becoming unsustainable.”
Carole Walker, the Executive Director of the Rocky Mountain Insurance Association, stands for a photo outside the residential building where she lives in Denver on May 7, 2024. (Photo by RJ Sangosti/The Denver Post)
A marathon, not a sprint
The Marshall fire, which killed two people and destroyed 1,084 homes and businesses, receives a lot of the blame for Colorado’s escalating home insurance rates. The Dec. 30, 2021, wildfire raged through Louisville, Superior and parts of unincorporated Boulder County, leaving more than $2 billion in property damage in its wake.
Walker said although the Marshall fire was a devastating event, the reasons for rising rates are more complex. For instance, more people are moving into areas along the Front Range that frequently get battered by hail. Walker said Colorado’s most expensive hail storm hit in May 2017, wreaking $2.7 billion in damage in today’s dollars.
But for Alan McDaniel, who has an insurance agency in Castle Rock, the threat of wildfire is the primary obstacle when looking for ways to get a handle on rising insurance costs.
“I’m lucky enough that the carrier I mostly use, Farmers Insurance, isn’t not renewing policies, but others are,” McDaniel said.
He has worked with homeowners around Larkspur and other areas deemed too risky for wildfires by some insurers. “You have to fill out a fire-mitigation plan, take pictures and prove to my underwriter that it’s worth taking on because they’ve done all the steps they need to do,” McDaniel said.
McDaniel and other insurance agents have met with fire agencies to learn more about reducing wildfire risks and programs like Firewise, a national program overseen by the state forest service in Colorado. A goal is to lower homeowners’ premiums by making changes.
“In light of the Marshall fire, we did get inquiries from some homeowners and associations that were facing increased premiums as well as potentially losing coverage,” said Bart Chambers, the fire marshal for the Castle Rock Fire and Rescue Department.
Chambers has met with insurance agents to help them understand the steps needed to better protect homes and businesses. The fire department collaborates with town planners on decreasing wildfire threats and hopes to increase the number of certified Firewise neighborhoods in Castle Rock.
“This is a marathon, not a sprint,” Chambers said. “It needs to be maintained and followed through continuously.”
Chambers spent 30 years with the California Department of Forestry and Fire Protection.
“We saw that on the front end there and we’re seeing it nationally now 20 years later, not only with wildfires but also with natural disasters,” Chambers said. “In Colorado, we can look at other people’s losses and make it better locally.”