Avon wins appeal
July 15, 2010
AVON, Colorado – There has been a minor development in one of several legal battles between the town of Avon and developers of the Village at Avon.
A Colorado Court of Appeals judge on Thursday upheld a previous decision by the Eagle County District Court dismissing a complaint Village at Avon developer Traer Creek-RP LLC had filed.
That complaint had argued that a change Avon made to its laws after the Village at Avon was approved should not apply to any changes developers may want to make to the Village at Avon. In 1998, the town approved customized zoning for the Village at Avon project, Mayor Ron Wolfe said. Good for 35 years, that zoning gave Traer Creek the right to develop the property as specified in the agreement with Avon, court documents said. There are about 23 years left on that agreement, Wolfe said.
More recently, Avon changed its laws to allow the town to place limits on how long customized zoning applies to new developments or changes to existing developments. Under the newer law, those property rights remain intact for a period no longer than five years, as spelled out in a development agreement, according to legal documents.
The district court had dismissed the complaint because the developers’ claims were too hypothetical. Developers were not disputing a specific instance in which the town applied the law to Village at Avon, court documents said.
Traer Creek LLC spokesman Michael Lindholm said his attorney advised him not to comment on the ruling because it relates to other ongoing litigation between developers and the town of Avon.
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Staff Writer Sarah Mausolf can be reached at 970-748-2928 or email@example.com.