FAIRPLAY, Colo. — A prominent and controversial businessman — who has been involved in a bitter dispute with homeowners near one of his properties in Park County — recently found himself in a place he never expected: jail.
In late October, Adam Shirley, the owner ASKAG, LLC, was sentenced to 60 days in the Park County Jail in Fairplay after a district court judge found him in contempt for continuing to operate his waste transfer facility near the intersection of Highway 285 and Wandcrest Park Road.
Earlier this year, after neighbors had filed a lawsuit disputing a zoning change that allowed the transfer station, a judge ruled against Shirley and the county, and ordered Shirley to cease his business at the station. Shirley runs a trash hauling business in the county that serves roughly 9,000 homes.
That transfer station was at the center of controversy in Park County nearly two years ago.
The homeowners and a former Park County employee accused county leadership and elected officials of giving Shirley preferential treatment during the the application process. Shirley had erected a tent for storage on the property without a permit. And a recording of Shirley taped by a member of the Will-O-Wisp Metro District captured him saying that the county knew what he was doing and was OK with it.
County leadership denied any special treatment. But in February 2024, commissioners — by a 2-1 vote — did approve Shirley’s application to rezone the property to allow for the waste transfer station.
But after a septic spill in the summer of 2024 that seeped onto nearby properties, the homeowners took the issue to court. Shirley did apologize for the spill and paid for the cleanup.
Shirley reached out to Denver7 Investigates after his arrest and agreed to an interview from jail.
When asked what went wrong, Shirley replied, “I wish I could answer that. I truthfully sit here and ask myself this every day. … A judge made a ruling, she held me in punitive contempt and my punishment is 60 days in jail.”
In the weeks and months following the judge’s ruling to undo the zoning change, multiple Will-O-Wisp neighbors complained to the judge and submitted multiple examples of evidence that Shirley was still using the transfer station. He was found in contempt at a hearing in October.
“I don't think anyone is seeking to see someone behind bars,” said Katie James, attorney for the Will-O-Wisp Metro District. “The judge found that the county's decision should be reversed, essentially. And had Mr. Shirley followed the court's order, which was that the transfer station could not operate any longer, then there wouldn't be any possibility of him going to jail, in my mind.”
Shirley would eventually serve 37 days in jail, being released earlier this week for good behavior and for time spent working inside the jail.
While Shirley was in jail, the Park County Commissioners in November voted to accept the judge’s ruling and essentially back-track on their February 2024 decision to allow the transfer station.
Park County Commissioner Dave Wissel voted to approve that rezoning in 2024 and spoke to Denver7 Investigates after last month’s hearing.
“I thought it was a proper land use. In hindsight, the judge found a different conclusion and we accept that,” he said. “I think it is an unfortunate situation. We did the best at the time, in my opinion, that we could do. In hindsight, perhaps that wasn’t the best we could have done.”
While still in jail, Shirley said he was humbled and hoped to get out soon to get back to his family.
“The reason I called (Denver7 Investigates) is because I’m sitting in jail … over something I should not be sitting in jail over,” Shirley said. “It has taken away my freedom, my kids’ freedom.”
Shirley is appealing the decision to shut down the transfer station. That appeal will be heard in late January.
