Only a fraction of families who lost homes in the Marshall fire have rebuilt, even as litigation is gearing up against the energy company that some blamed for the disaster.

Colorado’s most devastating wildfire tore through Louisville, Superior and unincorporated Boulder County two Decembers ago, fueled by hurricane-force winds and dry grasses.

Most of the lawsuits that have been filed are “mass torts,” which means they are comprised of hundreds of lawsuits rolled into one.

Though the exact number is unclear, hundreds of Marshall fire victims joined those mass tort lawsuits before the two-year deadline on Dec. 29.

A week before that, six public entities also got in under the legal wire to join those alleging that Xcel Energy was responsible for the ignition of the Marshall fire, which killed two people and destroyed about 1,100 homes and businesses.

On Dec. 22, Boulder County, the City of Louisville, Boulder County Public Health, Superior Metropolitan District #1, the Boulder Valley School District, and the Town of Superior filed lawsuits pursuing the collection of losses in taxpayer dollars to government properties, such as open spaces and parks. These half-dozen government entities are being represented by Baron and Budd P.C., a California law firm that specializes in wildfire recovery.

In November 2019, Baron and Budd agreed to a $360 million settlement-in-principle with Southern California Edison on behalf of 23 local government entities for taxpayer losses caused by the 2017 Thomas and Koenigstein fires, the 2018 Montecito Debris Flows, and the 2018 Woolsey fire.

Baron and Budd attorney Torri Sherlin said that each of the six Marshall fire public entity plaintiffs has different claims depending on damages.

“Everyone is pursuing their own losses and damages,” Sherlin said.

She would not divulge the exact amount that the entities are seeking, but losses are said to be in the millions of dollars.

Two people died and 1,084 homes were lost in the inferno, which started at 5325 Eldorado Springs Drive in unincorporated Boulder County on Dec. 30, 2021. Besides the residential loss, seven commercial buildings were destroyed, 149 structures were damaged, and many victims suffered psychological trauma.

The family of one of the two victims, Nadine Turnbull, recently filed a wrongful death lawsuit against Xcel Energy.

Turnbull was 91 years old and lived in Superior. James Avery, the attorney for the Turnbull family, told Denver Gazette news partner 9News, “The loss of their grandmother is a great tragedy. It is something that can’t be compensated for but it is something that there should be accountability for.”

Avery is also representing more than 150 other clients suing Xcel Energy.

After 17 months of investigation, Boulder County Sheriff Curtis Johnson and Boulder County District Attorney Michael Dougherty announced in June that the Marshall fire was actually two separate fires started by two separate causes within 2,000 feet and an hour apart. 

Xcel Energy said it will fight the lawsuits. The power company has maintained that its power lines were not responsible for the loss of homes and life in the Marshall fire. 

Investigators determined that a trash burn, which got out of control on the Twelve Tribes property just off of Marshall Road in Boulder County, was the first to ignite. The second fire, which merged with the first one, was started by a swinging power line, which was throwing off sparks, according to investigators.

Xcel Energy officials disagreed with the findings, which hold the company partially responsible for the Marshall fire. In a statement to The Denver Gazette, Xcel called the Boulder County Sheriff’s office “analyses flawed and their conclusions incorrect.” Xcel explained that the second ignition burned 80-100 feet away from its power lines “in an area with underground coal fire activity.”

Furthermore, Xcel officials said that, after a review of its maintenance records, its system was “properly maintained.”

The first court hearing in the case will be held in Boulder County on Jan. 5.

Rebuilding after disaster

Two years after Colorado’s most devastating wildfire, rebuilding is happening at varying paces, depending on where one looks.

Of 157 homes lost in unincorporated Boulder County, 18 certificates of occupancy have been issued. That’s compared to Louisville, which lost 550 homes and businesses. There, 128 certificates of occupancy have been issued to date.

In Superior, where 396 homes were destroyed, 157 certificates of occupancy have been issued.

Between Superior, Louisville and unincorporated Boulder County, about a third of Marshall fire victims have completed their rebuild and have returned home.

Of that 36%, other victims’ homes are under construction and more people are moving in every day.

“We’re in a much better place than we were, but we still have a ways to go,” said Superior Mayor Pro-Tem Neal Shah. He said that the critical piece to rebuilding after such devastation has been having the support of the full community. “It’s the reason so many want to come back to Superior.”

Shah said that the town won’t see a 100% rebuild because some homeowners bought connecting lots from their neighbors.

“Some residences won’t get rebuilt,” he said. 

Two years later

On Saturday, two years to the day after the fire, many Marshall fire survivors are struggling. 

Insurance funding for Additional Living Expenses will be expiring at the end of 2023 or early in 2024 for at least 200 households, according to Boulder’s Recovering Navigators Report from November.

Those survivors will likely request an extension for extra funds from their insurance companies. 

The navigation assistance — which helps victims with what can be an overwhelming process — is scheduled to end this spring. In addition to the 1,084 homes lost, many more are still standing but uninhabitable because of smoke damage. 

A two-year commemorative community breakfast for Marshall fire survivors is scheduled for Saturday morning from 8-10 a.m. at the Superior Community Center. The event, organized by a group called Marshall Together, has scheduled a Saturday afternoon gathering called “Hugs and Brews.” It will be held from 3-5 p.m. at Bambei Brewing “for anyone looking for a little quiet time with their community.”