Target Corp. joined hundreds of other victims of the Marshall fire by filing a lawsuit against Xcel Energy Colorado and two other companies on Dec. 22, 2023, a week before the two-year deadline for filing.

The Minnesota-based company, worth some $65 billion, is alleging negligence and is blaming Xcel, doing business as Public Service Company of Colorado (PSCo), for damages at its store in Superior. The company is asking for “compensatory and consequential damages in an amount to be proven at trial.”

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

The fire started along Highway 93 just south of Boulder, during a not-atypical high velocity windstorm with gusts as high as 98 MPH at about 11:00 a.m. on Dec. 30, 2021.

Two people died and more than 1,100 homes and businesses were lost in the inferno, which started at 5325 Eldorado Springs Drive in unincorporated Boulder County. Seven commercial buildings were destroyed, and 149 structures were damaged.

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 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.”

In its complaint, Target claims that the first fire, a rekindling of a legal burn of waste wood at the 12 Tribes property at 5325 Eldorado Springs Drive, “did not spread quickly due to several environmental factors including the topography of the area, the lack of ground fuels, and the swirling winds in the area.

“As of 11:51 a.m., the fire had not spread from the Twelve Tribes property,” the complaint added.

The company goes on to claim that an “arcing event” involving PSCo’s powerlines along Highway 93 sent droplets of molten metal into “dry vegetation ground fuels,” igniting a second fire that moved rapidly through trees, grass, and brush to the east of Highway 93.

Due to the high winds, the company said “firebrands” flew ahead of the flame front, igniting spot fires to the east that eventually raged uncontrollably through Louisville and Superior.

“The arcing and resultant fire caused by Xcel Energy’s Electrical Equipment caused the rapid growth and spread of the Marshall Fire,” according to the complaint.

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

Also 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 losses in taxpayer dollars to government properties, such as open spaces and parks.

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

Denver Gazette reporter Carol McKinley contributed to this report.