The folks who own a nice piece of Aspen Real Estate just above the Residences at
Little Nell on Aspen Mountain have filed another lawsuit this time against the City of Aspen. They believe that the building approvals for the Residences on Little Nell were improper or illegal. These are high end fractional units.
The owners of this single family home have been attempting to get money from the Residences developers for structural damages that occurred to their home during construction of the Residences.. They have brought about a separate lawsuit for the damages that the excavation of the project caused. They allege that there continues to be ongoing structural damage to their home. There are a number of neighbors that are claiming that this construction damaged their homes.
This lawsuit was filed on Wednesday. The owner’s attorney describes the lawsuit as being
inter related and consistent with the other lawsuit against the developer. They are asking the
district court judge to determine that the City of Aspen building department did not follow the proper codes they allowed the construction. These codes include the city code, the International Building Code and federal law.
The mian basis of the lawsuit is that city building officials should have realized that construction for this project and building on the bottom at this prime piece of Aspen real estate on a steep slope could damage the residences located above the project which is where these owner’s homes are.
The owner’s did file another lawsuit against the City of Aspen earlier this
year but dropped it so that they could go through some bureaucratic red tape with the
Aspen-Pitkin County Board of Appeals and Examiners. The city and the
attorneys agreed to forego those proceedings last month so that they could settle the
matter in court.
If they are successful with their claim because of the city approvals then this could help their ongoing case against the Residences developer. The case was set to go to trial in March 201. At a
status conference earlier this week there was an agreement to postpone the trial to an undetermined date. This will allow city approval issue to be settled before a trial moves
This Aspen real estate project was approved by the Aspen City Council in 2004. The final certificate of occupancy was issued in 2008.