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March 25, 2013
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Judge Boyd delays CMC-SourceGas trial until Feb. 2014

GLENWOOD SPRINGS, Colorado - A local judge on Thursday vacated a June trial of the case involving Colorado Mountain College (CMC) and the SourceGas natural-gas delivery company, resetting the trial to start on Feb. 10, 2014.

The trial was rescheduled, according to a statement from CMC, because the District Judge James Boyd needed more time to review a CMC motion seeking dismissal of the SourceGas suit.

The case now revolves around questions about the validity of a lease between the two sides, and whether SourceGas is due compensation over the matter.

The suit, filed by SourceGas last year, challenges the college board of trustees' decision in May 2012 to invalidate a lease allowing SourceGas to build a compressor station along a gas pipeline that crosses CMC's Spring Valley Campus.

The compressor station is needed, according to SourceGas, to maintain sufficient pressure in the line for the gas to make it to Eagle County customers, and the company believed it had negotiated a valid lease with former CMC Pres. Stan Jensen.

But the trustees declined to recognize the lease after the entire deal was condemned by neighboring ranchers, students and some faculty members at the college. The trustees maintain that the lease had not been formally approved by the board of trustees, as required by state law.

SourceGas and its partner, Rocky Mountain Natural Gas, filed suit later in May 2012.

Judge Boyd ruled in August 2012 that he could not force the college to honor the lease and permit SourceGas to build its compressor station.

He has not, however, ruled on the college's subsequent motion seeking dismissal of the suit, based on CMC's contention that the lease is now null and void.

In his ruling on Thursday, after a pre-trial conference, Boyd directed the two sides to confer on certain outstanding legal issues, according to a statement from the college.

jcolson@postindependent.com


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The Post Independent Updated Mar 25, 2013 12:31AM Published Mar 25, 2013 12:30AM Copyright 2013 The Post Independent. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.