Developer appeals dismissal of Avon lawsuit |

Developer appeals dismissal of Avon lawsuit

AVON, Colorado- Traer Creek, builder of Wal-Mart and The Home Depot, has appealed a judge’s dismissal of its lawsuit against the town of Avon over the company’s vested rights.

The company sued the town in 2008 alleged the town’s vested property rights regulations violated the terms of the 1998 Village at Avon Annexation and Development Agreement.

The town amended the vested property rights regulations last February. Traer Creek has asserted that any amendments to the Village at Avon Planned Unit Development are exempt from any new or amended regulations concerning vested property rights.

The development agreement between the two agencies signed in 1998 gave Traer Creek vesting rights through the year 2033 – the town has approved some amendments following those vesting terms, but town staff recommended a five-year limit on the most recent Traer Creek application asking to change some of the zoning in the development. Traer Creek pulled the application before the Avon Town Council could discuss it.

There’s another lawsuit the town filed against the Traer Creek Metropolitan District that is still pending.

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