Cordillera sues Eagle County over rehab center approval
November 10, 2016
EAGLE — The county commissioners were unanimous but wrong in allowing a rehab center in their neighborhood, say Cordillera homeowners.
Cordillera Property Owners Association and the Cordillera Metro District are suing Eagle County and the county commissioners, asking a district court judge to throw out the commissioners' unanimous decision to allow a Baltimore firm to convert The Lodge and Spa at Cordillera into a health/wellness and addiction treatment center.
Cordillera homeowners Barbara and Jack Benson also sued Eagle County.
The commissioners “exceeded their jurisdiction, abused their discretion and acted in an arbitrary and capricious manner.”Cordillera lawsuit against Eagle County and the county commissioners
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• The county commissioners' decision overturned, and
• Damages, costs, reasonable attorneys' fees, and "any other relief that the Court may deem just."
District Court Judge Fred Gannett will hear both cases.
"Arbitrary and capricious"
Noah Nordheimer is president & CEO of the Concerted Care Group, the Baltimore-based business that won initial approval for the plan from Eagle County's community development department and director Bob Naracci.
Naracci said that under Cordillera's development guidelines, a medical facility is an allowed use.
The lawsuit, filed by attorney Lew Harstead, says Naracci's interpretation contradicts Cordillera's development regulations and the county's land use regulations.
The county commissioners "exceeded their jurisdiction, abused their discretion and acted in an arbitrary and capricious manner" when they affirmed the county Naracci's interpretation, the Cordillera lawsuit says.
Nothing new here
Eagle County Attorney Bryan Treu knew the Cordillera lawsuit was coming, and contains nothing new.
"No surprise in the complaint. This is simply the next step in the appeals process and Cordillera did let us know it was coming," Treu said in a statement. "It is essentially the same arguments raised in the hearing before the BoCC. Cordillera feels the commissioners erred. We disagree and will defend accordingly."
Cordillera is asking Judge Gannett to overturn or invalidate the county commissioners' affirmation of the Director's Interpretation.
Nordheimer said Concerted Care will invest more than $70 million in the property.
He said he expects to employ 75-100 people in Cordillera, with an average salary of around $100,000.
Before any of that happens, Nordheimer said he'll spend $70 million to renovate the Lodge.
Staff Writer Randy Wyrick can be reached at 970-748-2935 or firstname.lastname@example.org.