Court blocks Vail real estate office
Vail, CO Colorado
VAIL, Colorado ” The Colorado Court of Appeals says a real estate office can’t go above Covered Bridge Coffee on Bridge Street in Vail, Colorado.
The court issued the ruling Thursday in favor of the town of Vail.
The lawsuit was filed by Covered Bridge Inc. and challenged a ruling that said the unit is on the first floor. Under town law, new real estate offices can’t go on the first floor, which is reserved for uses such as restaurants and shops.
Real estate offices are allowed on the second floor.
Unit E of the Covered Bridge Building is accessed by ascending a short flight of stairs, 3.76 feet above the street.
In upholding the decision of the Town Council and District Court, the Colorado Court of Appeals said “it is undisputed that the town is located in mountainous terrain and the topography of the relevant section of Bridge Street varies considerably. Unless building levels sloped in exact concert with the ever changing elevation of the adjacent street, there might be only one small spot, or perhaps none at all, where a building level would fit plaintiff’s definition of ‘street level.'”
The Court of Appeals ruling was issued Thursday.
A lawyer for the plaintiff did not return a phone call Friday. The decision could be appealed to the Colorado Supreme Court.
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