After the Town of Dillon's appeal over the ruling in the Yacht Club Condominiums case was shot down in December, the town has extended an offer to the condo board and at the same time, asked that the Colorado Supreme Court review the case.

Dillon has offered to spend the money to move Gold Run Circle and the recreation path north of the town's right-of-way, which would allow Yacht Club residents to tandem-park on Gold Run Circle next to the condos and, to the extent possible, on Tenderfoot adjacent to the property. There would be no parking permitted on the traveled roadway, and the Yacht Club would have to agree not to park on the recreation path.

In a statement, the town said any agreement reached would need to be formalized in writing, and approved in an open session by Dillon Town Council.

“The town council believes that among a host of problematic solutions, this would be the best solution for the town and the Yacht Club,” the statement read.

Both the trial court and Colorado Court of Appeals have ruled that the owners, residents and guests of the Yacht Club may park anywhere on the town's right-of-way in the vicinity of the Yacht Club, and the town has been prohibited from ticketing, towing or prosecuting them.

The December ruling said the town had abused police powers by ticketing and towing vehicles in the adjacent right-of-way.

The town's statement read that the Yacht Club “has interpreted this broad ruling to allow parking on the town's recreation path on Tenderfoot and Lower Gold Run Circle, across from or near to the Yacht Club.”

“While the town believes that these decisions are not in accordance with the law, during the litigation process the town has been complying with a broad interpretation of the judicial requirements imposed on it,” the statement said. “The town council and town staff have serious safety and other concerns about the decision from the court of appeals. The town recognizes, however, that two courts have ruled against the town and that the Colorado Supreme Court need not, and only in limited instances will, accept a final review of the case.”

Both the trial court and the court of appeals have suggested, or at least implied, that a viable option would be moving Gold Run Circle north and permitting tandem parking at the Yacht Club.

“While the town has concerns about tandem parking, it has even greater concerns about parking on the town's recreation path,” Dillon's statement said.

Case history

The homeowners association sued the Town of Dillon in January 2010 over a recreation path project impacting the town's right-of-way. Condo residents had been parking in the right-of-way since the complex was built, and maintained the town was taking away much-needed parking spaces. Town officials contended condo residents had been parking illegally in the area for years.

In May of last year, the town won a contempt hearing after the Yacht Club alleged Dillon was not doing its part in letting condo owners park in the right-of-way as previously instructed.

The town lost its appeal of the 2010 case in December.