Bennett wheat farmer Bill Coyle won’t have to pay Valero Energy Corp. $1 million for blocking the oil giant’s efforts to rebuild a gas station on his property.
An Arapahoe County district judge has ruled that Coyle owes Valero less than $3,500. Valero had sought more than $1 million in damages from Coyle in a bench trial in June.
“I feel vindicated,” Coyle said Monday. “It was a big relief and a surprise.”
But in a victory for Valero, Coyle must allow the company to rebuild its Diamond Shamrock station at Interstate 70 and Manila Road, Arapahoe County District Judge Marilyn Leonard Antrim ruled.
Coyle owns the 6.6-acre parcel and leases it to Valero under a 50-year contract negotiated in 1967 by a previous owner and operator.
The dispute began in November 2005, when the Diamond Shamrock station burned down. Coyle refused to allow Valero to rebuild. He claimed, among other things, that the property was polluted by gas and diesel spills.
State regulators have said Valero cleaned the property adequately.
Valero sued Coyle in 2006, claiming he breached their contract and deprived the company of profits.
Antrim ruled July 30 that Coyle owes Valero damages of $13,100 per month, based on Valero’s lost profits on gas sales. But she restricted the damages to a one-week period in January.
Antrim said Coyle had “sufficient justification” to block Valero from rebuilding until she issued a summary judgment Jan. 7 requiring him to acquiesce. He signed the papers authorizing Valero’s plans Jan. 15.
Both parties said Monday that they’re considering their options after the split decision.
“Valero is . . . reviewing the decision,” said spokesman Bill Day, declining to comment further.
Coyle said he is considering appealing a part of the ruling that requires him to give up land from his farm to provide drainage and road right-of-way for the new station.
Greg Griffin: 303-954-1241 or ggriffin@denverpost.com
