Just weeks after filing a lawsuit against a Vail Resorts subsidiary and developer Breckenridge Grand Vacations, a homeowners association has now filed another lawsuit in relation to the same project, and this time the town of Breckenridge is the defendant. 

One Ski Hill Place Homeowners Association filed a complaint June 5 alleging the town violated its own municipal code while approving aspects of the Imperial Hotel & Private Residences project. The complaint details that the association seeks the town declare the approval of development plans for the Imperial Hotel null and void. It also asks the town to award the One Ski Hill Place Homeowners Association its costs and reasonable attorney fees and grant the plaintiff further relief as a court “deems just and proper.” 

The complaint follows a May 19 lawsuit the association brought against Vail Summit Resorts INC and Breckenridge Grand Vacations over the termination of an easement of which it claims to control and didn’t want terminated. The association’s legal representation, attorney Alex Dorotik, said the homeowners worried about their building falling down due to potential construction activities in the easement area. In that complaint, the association seeks Breckenridge Grand Vacations be barred from taking any actions related to the easement. He said the new lawsuit looks to support that.

“This lawsuit was filed to further defend (One Ski Hill Place Homeowners Association’s) rights involving the easement and to ensure that no actions are taken that could threaten the structural integrity of the building,” he said via email.  

According to the filing, the Breckenridge Town Council “appeared to ‘ratify'” a previous Breckenridge Planning Commission recommendation to approve the Imperial Hotel at a May 13 meeting. It claims the council did so by mentioning the planning commission approval without any council members asking for the decision to be “called up” for discussion. It alleges members of the public didn’t have the opportunity to request a “call up” of the project for discussion.

“Breckenridge Municipal Code §9-2-3-4 states that a ‘call-up’ may be requested by a member of the public,” the lawsuit states. “However, Breckenridge, at the May 13, 2025 meeting, gave no opportunity for a member of the public to do so in direct violation of §9-2-3-4.”

The lawsuit also alleges building measurements were done in a manner not in accordance with what is allowable in the Peak 7 & 8 Master Plan, a town-created document setting development guidelines and long-range plans for that area of Breckenridge. According to the complaint, the Peak 7 & 8 Master Plan requires a view corridor between buildings and the proposed development and proposed uses violate that. It also claims the town violated its own policies for awarding positive development points, approving the density of the project’s structures and allowing certain variances.

Breckenridge town attorney Keely Ambrose said the town does not comment on ongoing litigation.

The lawsuit comes amid planning for the Imperial Hotel & Private Residences, a 400,000-square-foot Breckenridge Grand Vacations project set to be next to the One Ski Hill Place building and the base of Peak 8. It is expected to consist of 90 fractional ownership condominiums, 43 whole ownership condominiums, 36 hotel units and nine townhomes. The building will also house restaurants and bars, pools and spas, an arcade, theaters, space for administrative offices for Vail Resorts, a program area for the Breckenridge Outdoor Education Center and an underground garage. 

Get market updates and all things short-term rentals in your inbox every week.

Sign up here: SummitDaily.com/newsletter

Dorotik submitted a letter to the town ahead of a May 6 Breckenridge Planning Commission meeting on behalf of One Ski Hill Place Homeowners Association asking officials to not approve the hotel’s plan without substantial revisions and clarifications. The letter states the association attempted to work with the developer “in good faith, but as of May 5” have not reached a resolution to critical issues. 

Aside from the easement, the One Skill Hill Homeowners Association had concerns about the Imperial Hotel development including those over a planned dog day care and the noise it will generate, negative effects on property values, the influx of traffic the development will bring.