In October 2017, CSMN Investments (owner of the former Lodge and Spa) filed a lawsuit in U.S. Federal Court in Denver, against the CPOA, CMD, individual CMD Board members, General Manager Rachel Oys, and the members of the CMD/CPOA legal committee. The lawsuit alleged violations of the American’s with Disabilities Act, the Fair Housing Act, and the Civil Rights Act of 1871, all in connection with CMD/CPOA actions taken in pursuit of appealing an interpretation of the Cordillera PUD by the County Planning Director with respect to permitted uses of the former Lodge and Spa.
Judge Raymond Moore ruled yesterday, February 12 that, for all but one claim, all the defendants are immune from suit because they were exercising their constitutional rights to seek court review of the interpretation of the PUD by the Board of County Commissioners. The judge ruled that the litigation pursued by the District and others was not baseless or an abuse of the litigation process.
The court also dismissed the one remaining claim not subject to this immunity, retaliation under the Fair Housing Act. The court ruled that CSMN’s allegations fell short of showing that any defendant coerced, intimidated, threatened or interfered with anyone’s rights under the FHA.
We are pleased with the ruling.
Links to ruling documents:
Order Granting Motion to Dismiss