Durango, CO: **The 6th Judicial District Court on Thursday denied a developer’s request to halt progress on the city’s new Police Department, saying there is no emergency requiring the court order sought by the developer.
The city will soon file a motion to dismiss the lawsuit, said City Attorney Mark Morgan. “We are pleased with the decision,” he said. “The city was prepared with witnesses to move forward, but the judge found no merit in the emergency alleged by Charles Shaw.”
Shaw is the owner of the Smiley Building at 1309 East Third Ave. and had requested emergency restraining orders against the City, alleging that the City’s current plan to demolish the building adjacent to the historic high school to accommodate a new police department was inconsistent with ballot language. The city advised the court that no plans for demolition had been finalized and no contracts for demolition have been executed. Lawyers for the city pointed out that demolition of the adjacent building has been contemplated since 1995 and as recently as 2023 when the Durango Fire Protection District owned the campus. Shaw previously attempted to purchase the former high school and annex building for private development in 2021 but was unsuccessful.
Durango voters in April 2025 approved a $61 million sales tax extension ballot measure with 68% of the vote. The ballot measure specifically identified the Historic High School at 201 East 12th St. for renovation and identified adjacent facilities to construct a new police department next to it. This decisive mandate reflected broad community support for preserving Durango’s heritage and enhancing public safety.
The City acquired the campus in August 2023 under a land swap with the Durango Fire Protection District. The City is committed to honoring the intent of voters who overwhelmingly approved this project, and to maintaining transparency to ensure Durango’s historic assets are preserved and public safety needs are met. For more information on the project please visit the city's Engage page.
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Media Contact**Tom SluisPublic Information Officer Phone: (970) 375-5090Email: Tom Sluis