Update on Pending Sale of Lodge and Spa at Cordillera
Thank you to all who attended the Special CMD and CPOA Board Meetings earlier this week. At the meeting, it was clear that some, but not all, CPOA/CMD owners were aware of documents submitted to the County by
Behringer Harvard Cordillera, LLC (Behringer Harvard) and
Concerted Care Group (CCG) related to the proposed use of the Lodge and Village Center parcels. We therefore attach the following documents:
- CCG's Response to the CPOA/CMD's Original Appeal - As you may recall, CCG originally obtained an interpretation from the Eagle County Managing Director of Community Development (the Original Interpretation). CPOA/CMD appealed the Original Interpretation (the Original Appeal). In response to the CPOA/CMD's Original Appeal, CCG's attorneys submitted the attached memorandum to the County.
- Behringer Harvard's Request for Interpretation - As a result of issues raised in the Original Appeal that CCG lacked standing to request an interpretation from the Director in the first place, Behringer Harvard's attorney sent the Director the attached correspondence. In response, the Director rescinded the Original Interpretation and, in its place, issued a new interpretation (the Current Interpretation). The Current Interpretation simply reaffirmed the Original Interpretation.
Accordingly, the CPOA/CMD appealed the Current Interpretation (the Current Appeal), which resulted from the request made by Behringer Harvard. The CPOA/CMD's Current Appeal is scheduled for a public hearing before the Eagle County Board of County Commissioners on September 20, 2016. Individuals who wish to assert their First Amendment right to submit public comments directly to the Commissioners can do so by email to email@example.com. However, the CPOA/CMD want to reiterate that, as set forth in the attached letter from the CPOA/CMD sent last week, the CPOA and CMD speak only through their elected representatives and the comments made by individual Cordillera owners are just that - comments from individuals and not the CPOA or CMD.
We also want to make everyone aware of the CPOA/CMD's intent to submit a comprehensive position statement to the County Commissioners by the County's deadline of September 10, 2016 (a copy of all materials submitted will be posted on our website on that date). The position statement will not only set forth the grounds and evidence that demonstrate why CCG's proposed use is not a use by right in the Cordillera PUD, but will also address the threats raised by CCG and Behringer Harvard arising from the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA).
CCG/Behringer Harvard's threats are without merit - but, nonetheless, the CPOA/CMD takes the threats seriously. We therefore want to make the community aware that the CPOA/CMD engaged Michael Allen, Esq., a highly regarded civil rights litigation attorney with the Washington, D.C. law firm of Relman, Dane & Colfax PLLC. Mr. Allen is one of the preeminent FHA/ADA attorneys in the country and has significant experience representing individuals and organizations across the nation in cases involving the FHA, ADA and related civil rights law. Since Mr. Allen typically represents plaintiffs alleging violations of the FHA/ADA, we are pleased that Mr. Allen chose to work with the CPOA/CMD on the Current Appeal.