Silverton: Jim Jackson is an ass.

[CaddyDaddy77]

January 23, 2005

Legal storm lurks on peak
By Dominic Weilminster
Herald Staff Writer


San Juan County commissioners are considering buying or condemning land owned by Aspen-based speed skiing promoter Jim Jackson near Silverton if he doesn't drop his complaint about the county's avalanche-control efforts negatively affecting his property.


Jim Jackson is in a legal dispute with Silverton Mountain Ski Area owner Aaron Brill over avalanche control efforts that Jackson says negatively affect his property. Jackson's land in this December 2004 photo is behind the chairlift, which is located on Brill's property. San Juan County is considering buying or condemning the land owned by Jackson.



San Juan County commissioners are considering buying or condemning land owned by Aspen-based speed skiing promoter Jim Jackson near Silverton if he doesn't drop his complaint about the county's avalanche-control efforts. The land is located on Silverton Mountain, pictured, the highest point of which is Storm Peak.


Jackson is the same man who has butted heads with Silverton Mountain Ski Area owner Aaron Brill over use of Storm Peak, where both their properties lie.

Condemnation is being looked at as a last resort and would require some legal research, said Paul Sunderland, San Juan County attorney.

"The question for us has to do with road safety," Sunderland said. "(Jackson) is saying that the county can't do avalanche work on any county roads that will affect his property."

In doing so, Jackson would force the county to close County Road 110, which goes north of Silverton to an old mining town called Gladstone, when snowslides pose a risk.




If county officials must resort to condemnation, they will look to a legal precedent actually set by Jackson. In the 1980s, Jackson convinced officials in San Juan County to temporarily close parts of his neighbor's land to accommodate speed skiing on nearby Velocity Peak.

Jackson did not return a phone call seeking comment.

In spring 2004, Jackson's attorney sent the county a letter claiming that Jackson's rights as a property owner allow him to curtail avalanche work near his property, Sunderland said. The county responded by saying it planned to keep the road safe and passable.

"We thought that ended it, but about a month ago Jackson filed a lawsuit against Aaron Brill where he specifically stated that avalanche-control work was being done that was adversely affecting his property," Sunderland said. "Then the issue came back to the forefront."

Since 1999, Brill and Jackson have been neighbors competing over the use of their lands on Silverton Mountain. Both had plans to turn parts of the mountain into outdoor recreation areas, but after Jackson missed the Bureau of Land Management deadline to turn in a master plan for his idea to build an aerial tramway and ski area on the mountain, Brill moved on unopposed with his plan for a guided extreme-skiing area.

After Brill's Silverton Mountain Ski Area - formerly Silverton Outdoor Learning and Recreation Center - got off the ground, he garnered support from multiple Silverton residents for making the area economically viable in winter months.

"I think the whole community has seen a remarkable boost in business since Silverton Mountain opened. I've seen a 200 to 300 percent increase," said Bill MacDougall, owner of the Triangle Motel and Gas Station in Silverton.

Jackson has remained in opposition to Brill, bringing his lawsuit last month claiming Brill was guiding skiers on his land and littering it with avalanche-control debris.

San Juan County officials, Sunderland said, fear that since there is no way of proving whose avalanche control materials are on Jackson's land, the county could also become a target for litigation.

"We don't know if the avalanche debris is really on his land from Brill's work, from our work or from natural slides," Sunderland said. The county sometimes contracts avalanche-control work to Brill and his team, complicating the matter further, he said.

Brill said he was concerned that a halt in avalanche-control work could affect safety of people traveling the road that leads to his business.

"It's really just about public safety," Brill said. "There are just so many more people using the road now. If (Jackson) really wants what's best for everyone, he will work with the county on this."

Todd Hennis of Silverplume owns several hundred acres of land near Gladstone at the end of County Road 110. Besides not being able to access his own land in the wintertime should the road be closed, he said Jackson was "operating as a wrecker."

"Mr. Jackson was touting the possibility of a ski area here for a number of years, but he never followed through on it in any meaningful form. Now Mr. Brill has come in and become a meaningful part of the community," Hennis said. "Mr. Jackson is operating as a wrecker and the San Juan County winter economy is being held hostage."

[Superstar Punani]

Someone ought to put a bullet in that asshat's thick head.

[summit]

What a whiny little bitch. He lost. Get over it and sell land to the Brill's for a fair price.

[ill-advised strategy]

Someone ought to put a bullet in that asshat's thick head.

I was going to say that where I come from people like that end up with a broken jaw. Why doesn't somebody large go have a talk with this knob?

Is it all hippies at silverton....do they need a goon over there? What gives?

[bagtagley]

Is it all hippies at silverton....do they need a goon over there?

[CaddyDaddy77]

I was going to say that where I come from people like that end up with a broken jaw. Why doesn't somebody large go have a talk with this knob?

Is it all hippies at silverton....do they need a goon over there? What gives?

Plenty of people in Silverton would love to give old Jim a new dental arrangement, but he hides in Aspen and creates a shit-storm in Silverton.

At one point the guy was helping Silverton, now he's only hurting it. Wish the guy would keel, cause as stubbourn as he is death is the only thing that may change his mind.

[ill-advised strategy]

Plenty of people in Silverton would love to give old Jim a new dental arrangement, but he hides in Aspen and creates a shit-storm in Silverton.

At one point the guy was helping Silverton, now he's only hurting it. Wish the guy would keel, cause as stubbourn as he is death is the only thing that may change his mind.

Hmmm...aspen huh? Isn't that where a lot of celebrities go.....hmmm...celebrities like....Arnold Schwartzenegger!

[Lynx]

so. . . can someone please clarify this for me. . . how does avie control work negatively affect jackson's land?

it would seem avie control work would just make his land safer. so i'm not sure i understand the complaint.

like, does he think the debris makes it look ugly? sorry if this is a jong-ish question. . .

[ak_powder_monkey]

why does he own land on top of that mountain?

[CaddyDaddy77]

From my understanding Jackson is debating the county's actions of using avalanche control work to keep the roads open. The avalanche work is upon his property, and his claim is that it negatively affects said property.

Basically he is trying to shut down acces to Silverton Ski area because his pea-brained idea for a tram from Silverton to Velocity peak was denied 20+ yrs ago.

[Shredhead]

Plenty of people in Silverton would love to give old Jim a new dental arrangement, but he hides in Aspen and creates a shit-storm in Silverton.

At one point the guy was helping Silverton, now he's only hurting it. Wish the guy would keel, cause as stubbourn as he is death is the only thing that may change his mind.

I don't think he's in Aspen much any more, but I think he posts on this board.

Perhaps he will post his point of view?


But wishing death on people is BS,

[Son1cdeth]

why does he own land on top of that mountain?

If I remember what Aaron told me correctly about it last year. The guy wanted to develop the next 'mega resort' a few years back. So he started buying land on velocity peak (near the current Silverton Mtn), and surrounding peaks. But, he never worked with the local people, nor did he ever get his EIS completed (which the article sort of talks about). Now he's just being a stubborn dick about the whole thing. Sore loser syndrome.

[Lurch]

why does he own land on top of that mountain?

If you read the article you would know.

[CaddyDaddy77]

I don't think he's in Aspen much any more, but I think he posts on this board.

Perhaps he will post his point of view?


But wishing death on people is BS,

Agreed, not what I really meant to say. I would like to see Jackson lend a hand to progress instead of hindering it. He hasn't contributed much to the community in recent years IMO.

As I mentioned at one point he was helping, now he's only hurting the town.
I would like to hear his point of view, I understand property rights fairly well, but can't imagine the level of damage caused by avalanche mitigation negatively impacts his land to the point that it justifies shutting down access to an entire area of land which he does not own.

[freshies]

if the jack-hole posts here occassionally, i would like to hear his point of view. otherwise, we should obtain his email address and send a petition signed by all mags asking him to drop his lawsuit for the "greater good" of allowing Silverton to continue operating it's unique ski area, etc etc...

i think maybe 500 emails or so from us might get him to STFU...

[Lone Star]

i think maybe 500 emails or so from us might get him to STFU...

Something tells me Mr. Jackson cares more about the bottom line than public opinion....

[freshies]

Something tells me Mr. Jackson cares more about the bottom line than public opinion....

you are probably right LS. However, this guy must have been a skier at heart back in the day, putting on these speed skiing events, etc - he was probably as passionate as all of are, and somewhere a long the line he lost sight of this, became bitter about not getting his permit, etc etc. maybe if we put together an eloquent letter/email asking him to drop his frivilous lawsuit he might respond.

It is important (IMHO) that Silverton succede, as what they are doing is unique and something that we all dig. We don't need more super mega Intrawest resorts...plenty of those...what we need is Silverton and a few places like it to offer advanced skiing to advanced skiers free of insurance hassels and fivilous lawsuits, etc....

Somewhere deep down this guy knows this, he was once passionate about skiing, and he might listen to a well crafted letter signed by 500 or so mags...just a thought.

[Cornholio]

Somewhere deep down this guy knows this, he was once passionate about skiing, and he might listen to a well crafted letter signed by 500 or so mags...just a thought.

And after, we'll send a letter to the Isralis and Palestinians, just asking them to please stop fighting. Should do the trick.

[freshies]

And after, we'll send a letter to the Isralis and Palestinians, just asking them to please stop fighting. Should do the trick.

BWA! I understand your point/cynicism 'Holio....just thinking that this would be a possible solution (barring this guy doesn't have legitimate concerns about avy control on his prop) that was easy to initiate....

[Dexter Rutecki]

I understand property rights fairly well, but can't imagine the level of damage caused by avalanche mitigation negatively impacts his land to the point that it justifies shutting down access to an entire area of land which he does not own.

Lynx already sort of asked this, but is there really any issue with the work impacting his property in a truly negative way, or is he just being a dick because his plan failed and Silverton is working? I'm also having trouble envisioning any real harm done to him through AC work.
Besides, I say let 'em both build ski lifts.

[Foggy_Goggles]

Lynx already sort of asked this, but is there really any issue with the work impacting his property in a truly negative way, or is he just being a dick because his plan failed and Silverton is working? I'm also having trouble envisioning any real harm done to him through AC work.
Besides, I say let 'em both build ski lifts.

Dex, he is being a dick. His land is within the Silverton Ski Area. In order to not trespass you have to traverse under his land and boot pack up the otherside. Debris from both natural and explosive triggered may flow onto his land from above. I don't pretent to be an expert on either the history or the relevant law but the conversation's I've had with Silvertonians indicate that this is sour grapes between Jackson everyone else (town, county, BLM, Brill's etc.)

[jibco]

Dex, he is being a dick. His land is within the Silverton Ski Area. In order to not trespass you have to traverse under his land and boot pack up the otherside. Debris from both natural and explosive triggered may flow onto his land from above. I don't pretent to be an expert on either the history or the relevant law but the conversation's I've had with Silvertonians indicate that this is sour grapes between Jackson everyone else (town, county, BLM, Brill's etc.)

This is my experience as well. That bootpack is kinda steep and it would great to be able to skate directly to the top of that area.

It would be cool if they could obtain Jackson's land, but I don't see that happening any time soon.

[The Dude]

Just saw an update concerning Jim Jackson and Silverton:

San Juan County makes offer for Aspenite's land

Property eyed for Silverton Ski Area

By Aspen Times Staff
March 16, 2005


San Juan County has offered to buy land belonging to Aspen resident Jim Jackson, who owns 179 acres in and around the Silverton Ski Area boundaries.

The offer: $241,000.

Jackson filed a lawsuit against Silverton Mountain in December alleging frequent trespass violations on his land. He also complained that avalanche control work conducted by the area’s operators has repeatedly left debris on his land.

Last month, the county threatened to condemn Jackson’s land unless he lifted the lawsuit since avalanche control work is a necessity to keep County Road 110, which travels through the area, open in the winter.

According to the Silverton Standard, if the county purchases the land, it would then grant a permanent easement to the ski area, which would pay to use the land but not actually own it.

Before Silverton Mountain Ski Area owner Aaron Brill arrived in the late 1990s, Jackson was in the midst of raising funds to create his own ski area. He has stated that his rights as a landowner have been violated and his legal efforts to absolve the issue have been ignored or met with hostility.

Several locals in Silverton have hailed Brill as a hero for reviving the struggling former mining town.


Good news for Silverton but gut feeling is that he will reject the offer and ask for more.

[truth]

Jim Jackson was one of the first people I met upon moving to Durango as he was on my flight into town. I actually owe him a thnaks for he convinced me to buy rahter than rent, a choice that payed off very well. From what I recall, he's a big player down there owning a ton of main Street property as well as the famous Strater Hotel. The fact that he gives a rats ass about this parcel of land that will never generate revenue for anyone, Brill included, is only further proof that he is in fact an asshat. He should take the money offered and run as it'll cost him far more than that to battle the county in a condemnation proceeding. Especially since the county has the public saftey argument for doing control work in the area. It's a loser of a case. He'd only be fighting for the value of the property which the county seems to allready have assessed.

[Cornholio]

Anyone know when he has to decide?

I'm sure he has more legal slight-of-hand to try, but the way I see it, this story is rapidly winding to a close. Am I right?