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Beaver Creek Property Owners Association lawsuit against Vail Resorts over proposed "forest flyer" alpine coaster at the base of the ski area. Filed Oct. 1, 2013.

Beaver Creek Property Owners Association lawsuit against Vail Resorts over proposed "forest flyer" alpine coaster at the base of the ski area. Filed Oct. 1, 2013.

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Published by jasonblevins
Beaver Creek Property Owners Association lawsuit against Vail Resorts over proposed "forest flyer" alpine coaster and other recreational development plans for the base of the ski area. Filed Oct. 1, 2013.
Beaver Creek Property Owners Association lawsuit against Vail Resorts over proposed "forest flyer" alpine coaster and other recreational development plans for the base of the ski area. Filed Oct. 1, 2013.

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Published by: jasonblevins on Oct 03, 2013
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10/27/2013

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District Court, Eagle County, State of Colorado
885 Chambers Avenue, Eagle, Colorado 81631
▲ COURT USE ONLY ▲
 Plaintiffs:
BEAVER CREEK PROPERTY OWNERS ASSOCIATION,INC.; THE HIGHLANDS RESORT ASSOCIATION;HIGHLANDS LODGE OWNERS’ ASSOCIATION;HIGHLANDS SLOPESIDE CONDOMINIUM ASSOCIATION;HIGHLANDS TOWNHOMES ASSOCIATION; HIGHLANDSWESTVIEW ASSOCIATION; MCCOY PEAK ASSOCIATION, INC.; GREYSTONE CONDOMINIUMASSOCIATION; WILTSHIRE COURT ASSOCIATION, INC.;THE STRAWBERRY PARK CONDOMINIUMASSOCIATION, INC.; BEAVER CREEK MEADOWSCONDOMINIUM ASSOCIATION; MEADOW RIDGE ATBEAVER CREEK CONDOMINIUM ASSOCIATION;MOUNTAIN LODGE ASSOCIATION, INC; and PARK PLAZA CONDOMINIUM ASSOCIATION.
Defendants:
THE VAIL CORPORATION; VAIL RESORTSDEVELOPMENT COMPANY; VAIL RESORTS, INC.,BEAVER CREEK FOOD SERVICES, INC.; EAGLECOUNTY, COLORADO, acting by and through its BOARD OFCOUNTY COMMISSIONERS
Attorneys for Plaintiff Beaver Creek Property OwnersAssociation:
 Richard A. Johnson, #16047Lew M. Harstead, #27325JOHNSON & REPUCCI LLP2521 Broadway, Suite ABoulder, Colorado 80304Telephone: (303) 442-1900; Facsimile: (303) 442-0191
Attorneys for Plaintiff Greystone Condominium Association:
Carrie A. Rodgers, #17028James Belgum, #37873MOYE WHITE LLP16 Market Square, 6
th
Floor, 1400 16th StreetDenver, Colorado 80202-1486Telephone: (303) 292-2900; Facsimile: (303) 292-4510Case No.
2007CV30
 Div. 4
BCPOA AND GREYSTONE’S AMENDED COMPLAINT
Plaintiffs the Beaver Creek Property Owners Association and Greystone CondominiumAssociation hereby submit this Amended Complaint.
DATE FILED: October 1, 2013 2:31 PMFILING ID: 54FB87F686D48
 
 
2
PARTIES
 Plaintiffs
1.
 
The Beaver Creek Property Owners Association, Inc. is a Colorado non-profitcorporation, consisting of owners of real property in Beaver Creek who voluntarily choose to join the association (the “
BCPOA
”).2.
 
The Greystone Condominium Association (“
Greystone
”) is a Colorado non-profitassociation comprised of owners of real property in the Greystone development of Beaver Creek.3.
 
The BCPOA and Greystone are collectively referred to herein as the
Associations
.”
 Defendants
4.
 
The Vail Corporation is, upon information and belief, a Colorado corporationwith a principal place of business at 137 Benchmark Road, Avon, Colorado 81658.5.
 
Vail Resorts Development Company is, upon information and belief, a Coloradocorporation with a principal place of business at 390 Interlocken Crescent, Suite 1000,Broomfield, Colorado 80021.6.
 
Vail Resorts, Inc. is, upon information and belief, a Delaware corporation with a principal place of business at 390 Interlocken Crescent, Suite 1000, Broomfield, Colorado80021.7.
 
The Vail Corporation, Vail Resorts Development Company and Vail Resorts, Inc.are collectively referred to herein as “
Vail Resorts
.”8.
 
Beaver Creek Food Services, Inc. is, upon information and belief, a Coloradocorporation with a principal place of business at 390 Interlocken Crescent, Suite 1000,Broomfield, Colorado 80021 (“
Beaver Creek Food Services
”).9.
 
Eagle County, Colorado (the “
County
”) is a Colorado governmental entity thatacts by and through its Board of County Commissioners, which is a governmental entity, that isreconstituted from time to time, and may exercise within its jurisdiction those powers granted tocounties pursuant to C.R.S. § 30-11-101, et seq. (the “
County Commissioners
”).
JURISDICTION & VENUE
10.
 
Jurisdiction is proper in this Court pursuant to C.R.C.P. 57 and C.R.C.P. 106, because the subject property is located in Eagle County, and because the actions which constitutethe basis for the Amended Complaint took place in Eagle County.
 
 
311.
 
Venue is proper in this Court pursuant to C.R.C.P. 98.
GENERAL ALLEGATIONS
Overview
12.
 
This litigation arises from Vail Resorts’ attempts since 2006 to construct anamusement ride on the mountainside of Beaver Creek.13.
 
In 2006, Vail Resorts first sought to construct an alpine slide on a portion of TractS in the Beaver Creek Planned Unit Development (“
PUD
”).14.
 
The portion of Tract S where Vail Resorts sought to construct the alpine slide isdesignated as Open Space Recreation (“
OSR
”) under the Beaver Creek PUD and is subject to aconservation easement.15.
 
The Associations, along with other neighboring associations, opposed VailResorts’ efforts, which resulted in this litigation.16.
 
This litigation was “administrative closed” in 2008 in order for Vail Resorts to pursue approval from the United States Forest Service (“
USFS
”) for an alpine slide, coaster or other similar gravity-driven activity (an “
Alpine Slide/Coaster
”) to be located and operated onUSFS property at the Beaver Creek ski area.17.
 
Vail Resorts never pursued such approval from the USFS.18.
 
Instead, Vail Resorts undertook plans to instead develop a larger, mountainsideamusement complex in Beaver Creek that will include, at a minimum, an Alpine Slide/Coaster, aropes challenge course, a summer tubing course, ticketing operations, a food and beveragefacility and separate restroom facilities (the “
Proposed Amusement Complex
”).
See generally,
 Exhibit 1 attached for a map showing the locations of the proposed improvements.19.
 
Vail Resorts seeks to construct and operate the Proposed Amusement Complex onthe same Tract S in the Beaver Creek PUD, where Vail Resorts first sought to construct an alpineslide, and which is subject the Conservation Easement.20.
 
The location in Tract S where Vail Resorts seeks to construct and operate theProposed Amusement Complex is situated around an existing building which was developed and approved as a children’s ski school (the “
Children’s Ski School
”), and is served by a gondolanamed the “Buckaroo Express,” which runs from Beaver Creek Village to the Children’s SkiSchool building (the “
Children’s Gondola
”).

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