Judge rules in favor of town of Avon
Avon, CO Colorado
AVON, Colorado – A district judge ruled in favor of the town of Avon on Wednesday by throwing out a lawsuit filed against it by Traer Creek LLC.
Traer Creek LLC, the developer of the Village at Avon, filed the suit against the town in 2008 over vesting rights in an application to amend the development agreement.
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.
“We ended up pulling the application because there wasn’t any resolution on getting (that five-year vesting term) out,” said Michael Lindholm, a representative for Traer Creek.
That’s when Traer Creek filed the lawsuit against the town. The town responded by approving a new law this year over vesting rights that it thought would solve Traer Creek’s concerns, said Avon Town Manager Larry Brooks.
Traer Creek pursued the lawsuit, citing the town’s failure to confirm that Traer Creek’s vested rights through 2033 wouldn’t be impacted, but, on Wednesday, District Court Judge Frederick Gannett ruled that Traer Creek hadn’t “pled any actual injury suffered.”
Brooks said he’s just happy the town can put at least this lawsuit behind it. The town has spent taxpayer money on the lawsuit and wants to move on, he said.
“It is unfortunate that you have to incur costs like this, but the costs of not protecting the broader community are way more egregious,” he said. “I always felt really confident in our position and I’m glad the court concurs.”
There’s another lawsuit the town filed against the Traer Creek Metropolitan District that is still pending.
Lindholm said Traer Creek may or may not appeal by the August deadline.
“We feel there’s law that supports our claim,” he said. “We’re still weighing whether or not to appeal.”
Traer Creek hasn’t built anything since 2004. Brooks said the town expected a lot more development by now, but it isn’t sure why development has stalled. Lindholm said Traer Creek wants to build, but an uncertain economy has put things on hold.
“We want to build an asset to the community,” he said. “It’s in the best interests of everybody for things to develop.”
Lauren Glendenning can be reached at 970-748-2983 or firstname.lastname@example.org
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