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District judge to rule on Rio Grande case

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Wednesday, Feb. 24, 2016 8:09 PM
The beer garden behind the Rio Grande Southern, photographed in 2012.

Last winter, Dolores town officials suddenly shut down the Rio Grande Southern Hotel for alleged safety and code violations following two inspections.

Now the matter is before a District Judge.

On March 6, a notice of violations was issued by the town’s building inspector and the hotel, located at 101 S. 5th St., was ordered closed until repairs could be made.

Tenants were evicted, including owner Susie Sieber, with less than a day’s notice.

The town withdrew its closure order in April, and the hotel has since resumed business.

But the town is standing behind its report of the hotel’s unsafe building and electrical violations creating a hazard to the residents and public.

A Board of Appeals unanimously agreed with the town’s actions after an evidentiary hearing May 28.

Sieber appealed the decision to district court, arguing the town abused its regulatory discretion and jurisdiction in issuing the violation notice and closing the hotel.

The appeal will be ruled on by District Court Judge Todd Plewe. Briefs have been filed by both sides and are summarized here.

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