On the contrary, freestyle center still could face legal hurdles
Your Aug. 29 article, “Center on the verge of opening,” contains serious errors concerning the lawsuit filed by Keystone homeowners last fall. For example, the article states that the homeowners (us) filed their lawsuit “specifically citing the obstruction of views that tall, outdoor water ramps would create.” This is false. In fact, the homeowners’ complaint doesn’t even contain the word “obstruct” or “obstruction.” Rather, the lawsuit was based entirely on the proposed project’s violation of protective covenants put in place by Vail Resort’s predecessor prohibiting various activities and structures of the kind proposed by Vail. Even more egregious, the article states that “the suit was dismissed in February. The final hurdle now is purchasing insurance for the facility.” This statement is extremely misleading. The suit, while dismissed in February, was dismissed without prejudice, meaning that it can be refiled whenever the time is right.In fact, in his order, Judge David Lass finds that the lawsuit was premature, but only because neither the required architectural approval nor “the final building permit has been issued by the proper local government authorities.” These things still have not occurred. Further, Judge Lass “suggests that plaintiffs may file a new action in the future … if … defendants conduct work on the property” without proper authority. The article’s statement, therefore, that insurance is the “final hurdle” is patently false. The proposed project remains subject to government permitting, architectural review, and, if not altered from previously announced plans, likely litigation about the protective covenants.In the future, we hope that the Summit Daily will read the court papers more carefully when reporting on this or other litigation.
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