Judge Lawrence Blocks Pivot Energy Solar Lines in Colorado Easement Dispute

Mesa County District Judge JenniLynn E. Lawrence issued a preliminary injunction on September 25, blocking Pivot Energy Development LLC and Xcel Energy from using a shared easement to install power lines for the Summy Solar Project. The ruling draws a hard line: access to James Sterling’s property at 656 39 Road outside Palisade remains permitted, but the route cannot legally benefit the Summy property, which has no easement rights. This stops the utility infrastructure build-out that neighboring landowners argue violates their property boundaries.

The conflict ignited after Sterling leased land to Pivot Energy in December 2022 for a solar and battery-storage development. Pivot then contracted Sturgeon Electric Company to install utility infrastructure and agreed with Xcel Energy to connect the facilities to the grid. But the plan to run lines through the shared road to serve the separate Summy Solar Project south of the neighbors triggered a lawsuit filed on April 17 by James and Christine Murphy, Raven Novak, Cullen and Krista Howard, and James and Maureen Delany. Judge Lawrence found on September 4 that the plaintiffs established a reasonable probability of winning their claim that the easement cannot be repurposed for a third-party project.

Safety issues compounded the legal friction. The court noted that Sterling removed substantial soil along the easement road, leaving vertical cuts eight to 10 feet deep. These loose, unsecured slopes pose a risk of washing onto the road and destabilizing nearby power poles. The injunction prohibits Sterling from creating further unsafe conditions. Additionally, video evidence showed defendants or their employees using a shortcut across the northeast corner of the Howards’ property after permission was withdrawn and no-trespassing signs were posted. The order now explicitly bans this trespassing.

Pivot and Sterling argue the easement permits utility-related uses connected to Sterling’s property and that neighbors cannot veto reasonable improvements. Xcel Energy denies wrongdoing, claiming the agreement allows electrical distribution lines, but the judge clarified that the threat of condemnation does not authorize unauthorized use of the easement. Sturgeon Electric Company also denies negligence and trespassing. The parties are locked in a technical battle over the definition of 'access' versus 'infrastructure expansion.'