Costilla County Commissioners and Cielo Vista Ranch are headed to trial in October over a dispute over fence construction on the ranch’s boundaries. The groups will have an opportunity to resolve the dispute prior to trial. 

During a case management conference on Wednesday, 12th Judicial District Judge Kimberly Cortez set a bench trial for October for Cielo Vista Ranch and Costilla County to determine what to do with an eight-foot tall fence that was being constructed by the ranch. A bench trial means there won’t be a jury and Judge Cortez will decide the outcome. 

Costilla County has a moratorium on fences higher than five feet; billionaire owner William Harrison and his representatives called that moratorium “moot” and continued construction of thousands of feet of fencing along the perimeter of the ranch. The two parties also entered into a formal agreement in 2022 which was drafted after fence construction began in an area known as the Morada in 2021. This formal agreement has since been ignored by Cielo Vista Ranch. The moratorium expires in March, unless the county decides to renew it. 

It took an order from District Judge Crista Newmyer-Olsen in October 2023 to halt construction. Land use and environmental concerns from residents who live near the ranch were raised to county commissioners in September. This meeting prompted commissioners to create the moratorium. 

The ranch argues that the fence is for security and to keep its inventory of bison within the boundaries of the property. Residents are concerned over erosion that is allegedly being caused by heavy equipment moving in and out of the area, as well as the size of the fence hindering the natural movement of large game and small animals. 

Judge Cortez issued a dispute resolution to Costilla County and Cielo Vista Ranch that gives them an opportunity to come to an agreement, which will ultimately decide if the trial goes forward. If any resolution is agreed upon or not, it will have to be filed 60 days prior to the trial in October. 

Despite the short court hearing, the courtroom was nearly packed. Due to public interest, Judge Cortez said, the upcoming hearing and trial will be livestreamed. 

The pre-trial conference is set for Aug. 28 at 11 a.m. If the parties do not come to a resolution, the trial is set for four days, from Oct. 8-11.