Xcel Energy had filed motion to dismiss case arguing its equipment failures caused most destructive fire in state history.. A Boulder court will allow a case alleging faulty Xcel Energy equipment was behind the Marshall fire to move forward. Xcel had filed a motion to dismiss the class action lawsuit that argued it contributed to the fire that destroyed more than 1,000 homes and businesses. Boulder District Judge Christopher Zenisek has rejected a motion by Xcel Energy to dismiss a class action lawsuit that blamed the state’s largest utility for causing or contributing to the hugely destructive Marshall fire on...