Once Again The Court Has Ruled In Favor Of Town Over ADU Lawsuit
The Town of Crested Butte has been locked in a legal battle with two second home owners, each who own homes in the town of Crested Butte. Both homeowners, who are from Texas, seem to think that the rules regarding their Accessory Dwelling Units (ADUs) do not apply to them and therefore they do not need to comply with the town ordinances regarding their ADUs. The courts however disagree and once again, ruled in favor of the Town of Crested Butte.
The most recent ruling comes from Gunnison District Court judge Steven Patrick, who ruled on October 24th in favor of the town on both issues at hand. The first issue the owners claim, is that the town was illegally forcing rent control on their property. The second, that the town action results in a “takings” of their property value. Last week’s rulings by Judge Patrick are the final two rulings and are right in line with his original rulings on the six original claims brought by homeowners Christopher Mize and John Kiltz of Sopris 715 LLC through Law of the Rockies attorney Marcus Lock. Judge Patrick’s rulings makes it pretty clear that the court believes the property owners are required to abide by the town code regarding ADU’s in the town of Crested Butte, even if that town code has been amended.
“The town is pleased that Judge Patrick has consistently found in the town’s favor on this case,” said town manager Dara MacDonald. “Accessory dwelling units are an important component of local housing in the community and the town wants to ensure that they remain available for rent to actual locals.” According to attorney Marcus Lock, “My clients intend to appeal the District Court’s decisions in this case.”
The town has filed counter claims in the case and if a settlement cannot be reached, mediation is set for this January and a trial date is set for April 2018.
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