Lawyer claims win in bubble lawsuit |

Lawyer claims win in bubble lawsuit

Don Rogers

The attorney for the Vail Golf Course neighbors who sued over the infamous ice bubble objected strongly to the characterization here Friday that they had “lost.”Far from it, he explained in an e-mail: “This statement is totally inaccurate. On the 22nd of February, 2002, after a year and a half of litigation, the District Court ruled in favor of the neighbors, determining that the zoning on which the enclosed ice arena relied, as well as the permit under which it was authorized, was invalid. The court didn’t enter an injunction requiring removal because he couldn’t decide what type of injunction was desired – something which has always perplexed me. “Anyway, the plaintiffs didn’t press the issue and obtain an injunction only because the facility was scheduled to come down in two months, and it would have taken at least that long to get a decision on the injunction issue. Enough money had been spent establishing that the town erred. “The aggressive zoning was gone, and, during the following months, the neighbors and the town negotiated a mutually amendment to the existing zoning which permitted the facility to remain for what I recall was a limited time. This was no loss for the neighborhood or the neighbors, and a correction of so egregious an error is warranted.Art Abplanalp”Ah, so they won and the bubble continued to go up and down each year until town leaders had had enough of the expense. OK. Good thing they got that zoning settled. Hurray! Surely that was well worth the cost of litigation, and everyone could sleep much better. This should be the model for declaring victory in Iraq, and then bringing those troops home. Vail Daily, Vail Colorado CO

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