Appeals court denies Traer Creek’s motion

AVON, Colorado – The Colorado Court of Appeals on Thursday denied a petition by Traer Creek LLC for a rehearing in a lawsuit Traer Creek filed against the town of Avon, the town said in a press release.

On July 15, the Colorado Court of Appeals ruled in favor of the town of Avon and upheld the District Court’s decision to dismiss a lawsuit filed against the town by Traer Creek.

After the District Court and the Appellate Court ruled against Traer Creek’s lawsuit, Traer Creek filed a petition for rehearing on July 29.

Traer Creek LLC originally filed a lawsuit against the town of Avon in May of 2008 alleging that amendments to the town’s vested property rights regulations violated the 1998 Annexation and Development Agreement with the town.-

“The town of Avon is pleased with the District Court’s decision and the Colorado Appellate Court’s decision,” said Eric Heil, Avon town attorney.