Village at Avon suit heads for court
Vail, CO Colorado
AVON, Colorado – The main lawsuit between Avon and the town’s biggest development is going to trial.
Last month, Town Council decided to move forward with a lawsuit against Village at Avon developers.
The suit between the town and the Traer Creek Metropolitan District had been on hold for six months so both sides could try to reach an agreement.
That didn’t happen.
“We did the six months and we weren’t getting anywhere so it’s time to move on,” Avon Mayor Ron Wolfe said.
As a result, the lawsuit is set to go to a jury trial at Eagle County District Court, town attorney Eric Heil said. No trial date has been set, he said. Judge Thomas Moorhead is overseeing the case, Heil said.
The town originally filed the lawsuit against the Traer Creek Metropolitan District in October 2008.
Avon officials claim the metro district owes the town abut $3 million in outstanding payments, mostly for municipal services and reimbursement of sales taxes the town lost when the downtown Wal-Mart closed.
“That’s a lot of money,” Wolfe said. “We can’t walk away from that.”
The metro district disputes the amount the town claims it owes. Michael Lindholm, a spokesman for Traer Creek LLC, declined to comment on the litigation.
The lawsuit heading to the district court is a combination of two separate disputes between the town and Village at Avon developers.
Traer Creek LLC filed the other lawsuit against the town. That suit resumes a disagreement over Traer Creek Plaza.
Devleopers wants to divide the plaza into individual units that could be sold, Lindholm said earlier. Town officials have refused to put the request on the town’s meeting agenda, citing concerns over parking and the outstanding dispute with the metro district.
Between the lawsuits and the recession, the Village at Avon project has been largely on hold.
So far, developers have built the shopping center with Wal-Mart and Home Depot, the adjacent plaza that houses ZaccaZa! and other stores, plus 250 affordable homes in the Buffalo Ridge neighborhood.
An agreement with the town would allow the developers to build as many as 2,400 housing units and as much of 650,000 square feet of commerical space.
Staff Writer Sarah Mausolf can be reached at 970-748-2928 or firstname.lastname@example.org.