Cordillera – Back into the Court House

by  the fans of Paul Drake and Della Street

Perhaps it was inevitable.

The assistance of the Judges at our District Courthouse has now formerly been requested.  District Court Judge Paul Dunkleman has since been assigned this case, August 12th 2016.

Cordillera-2016CV30213

At Issue:  Tthe allowable “use by right” that may (one day?) transform the Lodge and Spa at Cordillera – into kind of a high-end/high-roller “drug rehab facility” for extended stay rehab patients.  The current owner of the Lodge (Behringer Harvard Cordillera, LLC) has struggled for years to make a reasonable annual profit.  The ECT has been told that BH/Cordillera has entered into an current contract to sell their Lodge and Spa to (CCG – Concerted Care Group Management – out of Baltimore, MD.)  It s not known at this time (13AUG2016) if the Sale to CCG has been completed…Nor has it been disclosed publicly what the actual purchase price is…

Lodge-and-Spa-Cordillera

Cordillera home owner (Michelle Larson) has filed as the Plaintiff against Defendant – Eagle County, Colorado including our (3) elected Eagle County Commissioners.  (2) of which are up for re-election this November 2016.  Ms. Larson’s home in Cordillera is physically close to the Lodge at Cordillera.  (Click Here) for a copy of that new Lawsuit.

Background:  Eagle County’s Planning Department has already delivered (in writing) their “OK” “use by right” based on their review of the Cordillera PUD (Planned Unit Development).  That’s what triggered this new lawsuit.

 Today (13AUG2016) there are plenty of “unknowns”.

1-  To date, has the Sale been completed?

2 – If the sale has NOT been completed – will a potential (multi-million dollar investor) stay interested in funding this Purchase – given the likelihood of years of litigation ahead?

3 –  Fact is…Before this Lawsuit was filed – the Eagle County Commissioners scheduled a Public Hearing for (September 20th 2016) on this “use by right” topic.  Unlikely the ECT insists that Eagle County Attorney (Brian Treu) will endorse this scheduled meeting – now that the Commissioners have been formally named as Defendants in this case.  ECT expects that meeting will be cancelled.  No doubt to the great relief of the (2) County Commissioners running for re-election this November.

4 – Given the fact that a formal lawsuit is now filed…and should the developer try (now) to break ground and move ahead…a formal/legal – request for Injunction (to stop the developer) could be filed at the Courthouse –  Judge Dunkleman would then decide what to do…

Time will tell.  Interested parties are encouraged to share their (public record) documentation with the ECT for further discussion and review.

-CM

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