Colorado: Shawna Casey Files Hartman Abandonment Challenge

• Shawna Casey, a resident of Hartman, Colorado, has petitioned a Denver court to review the state's declaration of the town's abandonment.
• Colorado officially declared Hartman abandoned in July, seven months after its municipal government resigned following a water bill dispute.
• Casey argues the abandonment exacerbates existing issues, particularly a severe water crisis, and seeks the appointment of a new town board.
• The declaration was made under a new state law, signed by Governor Jared Polis, which accelerates the abandonment process for towns lacking functioning government or critical water infrastructure.
• Prowers County, now overseeing Hartman, has initiated efforts to stabilize the town's water supply, with county officials expressing disappointment over the legal challenge.

In her petition, Shawna Casey argues that the state's abandonment declaration will only compound the rural community's existing difficulties.

A resident of Hartman, Colorado, has initiated a legal challenge against the state's official declaration of the small town's abandonment, seeking judicial review of the decision. Shawna Casey filed a 13-page petition in a Denver court, urging a judge to halt Prowers County's takeover of the community. Her primary concern centers on the town's persistent water crisis, which she contends will only worsen under the current state order.

Colorado formally declared Hartman abandoned in July, seven months after its municipal government ceased to function. Casey's petition highlights the severe implications of the town's water infrastructure failures, noting an "indefinite boil-water order" that renders the water unusable for residents. She emphasizes that for individuals with serious medical conditions, such as those recovering from recent surgeries or active injuries, the lack of safe water makes remaining in their homes unsafe.

Hartman, situated approximately 10 miles from the Kansas border and 200 miles east of Denver, is home to several dozen residents. Despite its small size, it features a New Deal-era gymnasium, two vintage but sturdy playgrounds, and a century-old water tower in critical need of repair, alongside its human and canine inhabitants.

The town's governmental collapse followed its last official meeting in January, which was marred by a physical altercation between a resident and a town trustee over a water bill. Both individuals subsequently faced misdemeanor charges for disturbing the peace and received deferred sentences. In the wake of this incident, the board of trustees paid the electric bill to keep the water pump operational through the summer before collectively resigning. This left Hartman without a mayor, a board of trustees, or a clerk to facilitate new elections, effectively paralyzing its municipal operations.

Without a functioning government, the town faced dire prospects, including the inability to hire a water operator or pay for the groundwater pump, which would have left residents without running water until 2030. However, a new law, enacted by Democratic Governor Jared Polis, significantly altered the trajectory for towns like Hartman. This legislation streamlined the abandonment process for municipalities lacking both a functioning government and critical water infrastructure, specifically eliminating a previous five-year delay that typically began from the date of a town's last election. The law also allocated grant funds to support Hartman's water infrastructure during abandonment proceedings.

Leveraging this new legal framework, Deputy Secretary of State Andrew Kline officially declared Hartman abandoned on July 28, determining that the town met the established legal criteria. This declaration placed Hartman under the direct control of Prowers County, initiating the Prowers County Hartman takeover.

In her petition, Shawna Casey argues that the state's abandonment declaration will only compound the rural community's existing difficulties. She warns of a "perpetuation of an unlivable water crisis," "complete paralysis of real estate and rental utility," and "severe economic devaluation" as direct consequences. Instead of the current path, Casey has proposed that the court intervene by appointing a new town board, to be led by Hartman's last acting mayor, as an alternative solution to the municipal law Colorado abandonment.

While Casey leads this Shawna Casey Hartman abandonment challenge, her opposition to the state's decision is not universal within the community. A significant number of residents, specifically twenty-one individuals, expressed support for the abandonment bill by signing a single-page handwritten petition in April. This division highlights the complex sentiments surrounding the town's future and the Prowers County Hartman takeover.

In the immediate aftermath of Hartman's transition into unincorporated Prowers County, tangible steps have been taken to address the critical water issues. During its first month under county control, the Colorado Rural Water Association entered into an interim contract to chlorinate and stabilize the town's water supply, pending the hiring of a long-term provider. Concurrently, the Colorado Department of Public Health and Environment is collaborating with county officials to lift the boil-water mandate, which has been in effect for nearly a year.

Prowers County Administrator Don Wilson has expressed satisfaction with the progress made, indicating optimism for continued improvements. Wilson voiced disappointment regarding Casey's petition, stating, "Personally, I feel the petition is disappointing, after the progress that’s been made, that they want to go back to where they were." The legal challenge, which centers on the Colorado Secretary of State abandonment declaration, has been assigned to Second Judicial District Judge A. Bruce Jones Hartman, who will now oversee the review of the state's decision.

This case provides a precedent for challenging state administrative declarations of municipal abandonment, highlighting the judicial review process for such decisions. Lawyers in administrative or municipal law should observe how resident-led litigation can impact state-mandated transitions of local government and essential services.

Source: Original reporting via Courthouse News