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Posted on: February 16, 2017

Pending Sale of the Lodge & Spa

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Update on Pending Sale of Lodge and Spa at Cordillera - March 3
State Court Action (CMD and CPOA): The Eagle County attorneys recently submitted the Record from the County proceedings/hearings to the Eagle County District Court for use in the Rule 106 appeal filed by both the CPOA/CMD and the Bensons. In light of the filing of the Record, the Court set forth the following briefing schedule by stipulation of the parties: (1) Opening Briefs must be filed by the CPOA/CMD and the Bensons by April 21, 2017; (2) Response Briefs are due by June 2, 2017; and (3) the CPOA/CMD and Bensons will then have until June 16, 2017 to file Reply Briefs. We will, of course, provide copies of all briefs once they are filed with the Eagle County District Court.
 

Federal Class Action (Property Owner Group): Following a lengthy hearing on February 16, the District Judge in Federal Court in Denver denied the property owner group's motion for a preliminary injunction to stop Behringer Harvard from closing on its contract to sell the Lodge and Spa at Cordillera to the Concerted Care Group. The judge found that the passing of title from Behringer Harvard to the Concerted Care Group does not by itself cause an irreparable injury that would justify the entry of a preliminary injunction. The property owner group nonetheless intends to continue to pursue their challenges aggressively and remains confident of ultimately prevailing on the merits of their claims in Federal Court.


On Tuesday, November 8, the CPOA/CMD exercised their rights under Rule 106 to pursue a judicial appeal through the filing of a Complaint, which the CPOA/CMD filed in the Eagle County District Court on November 8.  The CPOA/CMD's judicial appeal was assigned to Judge Frederick W. Gannett and assigned Case No. 2016CV30363.

In addition, Barbara and Jack Benson, Cordillera homeowners, filed a seperate and distince Complaint from the CPOA/CMD.  The Benson's litigation was also assigned to Judge Gannett and was assigned Case No. 2016CV30361.


On September 12, 2016 the CMD/CPOA legal counsel submitted a comprehensive position statement in support of the appeal of Eagle County's Managing Director of Community Development's interpretation of the Cordillera PUD and amendments made to the PUD in 2009 to Eagle County.

CMD and CPOA's position statement as well as the supplemental submissions from Concerted Care Group to Eagle County are listed below.


The Cordillera Metropolitan District and the Cordillera Property Owners Association submitted a joint appeal to the Eagle County Board of County Commissioners on June 29, 2016 regarding the interpretation of the permitted uses on the Lodge Parcel and Village Center Parcel on which the Lodge and Spa at Cordillera is now located.  The Appeal as well as the Exhibits to the appeal can be found below. 

We commit to timely and open communications.  Additional information will be sent to the community on a weekly basis moving forward or more frequently as information is available.

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