Xcel Energy’s Public Service Company of Colorado had secured 90 acres in 2022 to host the Goose Creek substation, but the 2026 dispute centers on a 550‑foot right‑of‑way needed to link two wind farms.
The Dickey family, owners of Dryland Partners, argued the proposed routing would endanger farm equipment and collide with a gas pipeline, offering alternative paths that would be less disruptive.
Judge Davidson found the utility acted in bad faith, noting that cheaper alternatives existed and that the condemnation petition lacked authority for generation tie lines.
The Supreme Court declined to take the case, leaving the appeal to the Court of Appeals, where Xcel claims the delay hampers its $1.7 billion Power Pathway network.
If the appeal fails, Xcel may be barred from using eminent domain for such tie lines, forcing it to negotiate or abandon projects.
The decision could set a precedent affecting how future renewable projects secure grid connections across private land.