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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.