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Buc-ee's Faces Legal Challenge, County Review as More Than 100 Residents Reaffirm Opposition


News provided by

The Community Voice

Oct 21, 2026, 13:05 ET

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The Community Voice says commissioners' 4-1 vote did not authorize construction of the proposed 120-fueling-position travel center; citizens pledge to monitor every step

MONUMENT, Colo., Oct. 21, 2026 /PRNewswire-PRWeb/ -- More than 100 residents gathered in the Monument area earlier this week to reaffirm their opposition to the proposed Buc-ee's development on the Palmer Divide, as a court challenge remains unresolved and El Paso County reviews the company's latest development plans.

The gathering follows an Aug. 27 public hearing where about 160 citizens spoke against Buc-ee's land-use appeal, compared with two speakers in support. Despite that opposition, the El Paso County Board of County Commissioners voted 4-1 to determine that the proposed development qualifies as a permitted use under the property's C-1 commercial zoning.

"Approval of a land-use classification is not a blank check to build whatever a developer proposes. The county must examine the actual plans, enforce its regulations, and address legitimate concerns raised by neighboring property owners," said Dr. Ron Scott of The Community Voice

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That decision did not authorize construction.

"The commissioners may have voted, but this project is far from a done deal," said Dr. Ron Scott of The Community Voice. "Our community is engaged, organized and determined to hold decision-makers accountable throughout this process. The concerns of residents and property owners cannot be dismissed simply because one vote has been taken."

Legal challenge remains unresolved

A legal challenge to the commissioners' Aug. 27 decision remains pending in El Paso County District Court. The complaint, filed Sept. 24 under Rule 106(a)(4) of the Colorado Rules of Civil Procedure (Case No. 2026CV032336), asks the court to review whether commissioners exceeded their authority or abused their discretion in determining that the proposed Buc-ee's development qualifies as an allowed use under the property's C-1 zoning.

https://gazette.com/thetribune/2026/10/01/group-files-court-complaint-against-county-over-buc-ees-decision/

The Community Voice is among nine plaintiffs challenging the decision. The court has not issued a final ruling.

At the center of the dispute is the proposed development's classification as a neighborhood convenience store. Buc-ee's development documents describe a 74,000-square-foot retail building and 120 fueling positions.

"How does a massive interstate-oriented travel center with 120 fueling positions qualify as a neighborhood convenience store?" Scott said. "This is not a small corner store serving nearby residents. It is a major regional destination with significant potential consequences for traffic, public safety, infrastructure and the character of the Palmer Divide."

County review could require changes or deny approval

Buc-ee's has submitted a site development plan, now undergoing administrative review by El Paso County. County officials must determine whether the proposal satisfies applicable requirements involving traffic, roadway improvements, lighting, landscaping, parking, drainage, stormwater management and other development standards.

The review could result in required revisions, additional conditions or denial of administrative approval if applicable standards are not met.

https://gazette.com/thetribune/2026/10/13/buc-ees-is-another-step-closer-to-building-in-el-paso-county-3/

Unlike the August land-use appeal, the current site development plan is subject to administrative review rather than another vote by the Board of County Commissioners. That places responsibility on county staff and participating agencies to evaluate compliance with applicable regulations.

"Approval of a land-use classification is not a blank check to build whatever a developer proposes," Scott said. "The county must examine the actual plans, enforce its regulations and address legitimate concerns raised by neighboring property owners. We intend to watch that process closely."

Transportation and environmental concerns remain central

The Colorado Department of Transportation is among the agencies participating in the county's development review. Traffic volumes, Interstate 25 access, roadway improvements and public safety remain significant issues.

Residents have also raised concerns about water resources, drainage, lighting, noise, air quality, emergency response capabilities and the cumulative effects of a large commercial travel center near established residential communities.

The Community Voice maintains that these concerns warrant substantive technical evaluation and compliance with applicable environmental and development requirements.

"Every traffic study, environmental consideration, roadway improvement and county determination matter," Scott said. "We are asking government agencies to follow the law carefully, transparently and consistently, with full consideration of the people who already live and own property here."

Community organizations coordinate continued oversight

The gathering of more than 100 residents this week demonstrated that opposition to the proposed location remains active months after the initial land-use dispute.

The Community Voice, Tri-Lakes Preservation and concerned citizens intend to coordinate public information, review government filings, monitor legal proceedings and share significant developments through their websites, social media platforms and news media outreach.

The organizations also encourage residents to remain informed and participate in available public comment opportunities.

"We respect Buc-ee's property rights, but the families, homeowners and business owners who live here have property rights, too," Scott said. "Their investments, quality of life and legitimate concerns deserve protection."

Scott emphasized that opposition to the proposed location should not be confused with opposition to business or economic development. "This is about the scale of the project, the appropriateness of the location and whether government agencies are meeting their obligations to the public," he said.

Community support and donations remain essential

Continued legal proceedings, technical reviews, public outreach and monitoring of government decisions require both community participation and financial support.

"Standing up for our community takes more than showing up at a public hearing," Scott said. "It requires legal expertise, careful examination of development plans, professional analysis and the resources to challenge decisions when necessary. Every contribution, regardless of size, helps sustain this effort and ensures residents and property owners continue to have a voice."

Residents and businesses wishing to support these efforts can donate online to the 501(c)3 at www.thecommunityvoicecolorado.com. The Community Voice address is:

Mail: PO Box 468, Monument, CO 80132

Office: 20396 High Pines Dr, Monument, CO 80132

Community vows to watch every step

The Community Voice emphasized that the commissioners' Aug. 27 vote was one decision in a larger legal and regulatory process — not the final word on the proposed development.

"Our message to Buc-ee's, El Paso County and every agency involved is simple: We are watching every step," Scott said. "Every application. Every study. Every recommendation. Every decision. We will ask questions, demand transparency and hold decision-makers accountable. This community is organized, informed and committed to seeing this process through to the very end."

"The legal challenge continues. The development review continues. And so will the community's scrutiny — every step of the way," he added.

About The Community Voice

The Community Voice is a 501(c)3 citizen-focused organization dedicated to informing and engaging residents and business owners in northern El Paso County about land-use decisions and developments affecting the Palmer Divide and surrounding communities. The organization advocates for transparency, accountability and meaningful consideration of community interests.

Website: www.thecommunityvoicecolorado.com

Media Contact

MICHAEL PERINI, The Community Voice, 1 719-651-5943, [email protected], https://www.thecommunityvoicecolorado.com

SOURCE The Community Voice

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