HomeMy WebLinkAboutR23-014 Dismissing Appeal of Denieal for Exclusion of Starview Realty Investments from Cordillera Metro Distirct DocuSign Envelope ID:96735D97-2581-4BCB-9E9C-92327E0CFA4F
Commissioner Scherr moved adoption
of the following resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2023- 014
RESOLUTION DISMISSING APPEAL OF DENIAL OF PETITION FOR EXCLUSION
OF STARVIEW REALTY INVESTMENTS,L.P. PROPERTY FROM CORDILLERA
METROPOLITAN DISTRICT
WHEREAS, on October 7, 2021, the Eagle County Board of County Commissioners (the
"Board")received an appeal(the"Appeal") from Starview Realty Investments,L.P. ("Appellant")
contesting the denial by the Cordillera Metropolitan District (the "District") of a Petition for
Exclusion of certain real property owned by Appellant and legally described as Lot 1 and Lot 2,
Cordillera Subdivision,Filing No. 33,According to the Plat Recorded June 18, 2002, at Reception
No. 799105, County of Eagle, State of Colorado (the "Property"); and
WHEREAS, Colorado Revised Statutes 32-1-501(5)(b)provides that any denial of such a
Petition for Exclusion may be appealed to the Board of County Commissioners of the County in
which the special district's petition for organization was filed for review by the Board of County
Commissioners if the appeal is filed within thirty(30) days; and
WHEREAS,following the receipt of Appellant's Appeal,the Board issued Resolution No.
2021-094, which accepted Appellant's Appeal and established a briefing schedule and hearing
date regarding the Appeal; and
WHEREAS, on March 7, 2022 the Board stayed the Appeal at Appellant's request; and
WHEREAS, on October 11, 2022 the Board continued the stay of the Appeal at
Appellant's request; and
WHEREAS, on February 16, 2023, the Board received correspondence from Appellant,
attached as Exhibit A, requesting to withdraw the Appeal; and
WHEREAS, the District has consented to withdrawal of the Appeal.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle, State of Colorado:
THAT Appellant's request to withdraw the Appeal regarding the petition to exclude the
Property from the District is hereby granted and the Appeal is dismissed.
DocuSign Envelope ID:96735D97-2581-4BCB-9E9C-92327E0CFA4F
MOVED AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the 28th day of February , 2023.
a— DocuSigned by: COUNTY OF EAGLE, STATE OF
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BOARD OF COUNTY COMMISSIONERS
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4oard of Kathy Chandler-Henry
County Commissioners Chair
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Matt Scherr
Commissioner
DocuSigned by:
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Jeanne McQueeney
Commissioner
Commissioner McQueeney seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Chandler-Henry Aye
Commissioner Scherr Ave
Commissioner McQueeney Aye
This resolution passed by 3/0 vote of the Board of County Commissioners of the County
of Eagle, State of Colorado
•
DocuSign Envelope ID:96735D97-2581-4BCB-9E9C-92327E0CFA4F
EXHIBIT A
NOTICE OF APPEAL WITHDRAWAL
3
DocuSign Envelope ID:96735D97-2581-4BCB-9E9C-92327E0CFA4F
NRM I e • Ala
attorneys and counselors at law
A PROFESSIONAL CORPORATION
BRIAN W.BEVAN
February 16, 2023 ATTORNEY
OFFICE:(970)949-4200
FACSIMILE:(970)797-1892
Via: E-mail EMAIL:Brian@VailValleyLaw.net
To: Eagle County Board of County Commissioners
Attn: Matt Peterson, Esq. and Beth Oliver, Esq.
(matt.peterson@eaglecounty.us;
beth.oliver@eaglecounty.us)
Cordillera Metropolitan District Board of Directors
Attn: Alan Pogue, Esq., Charles Norton, Esq., and
Alicia Garcia, Esq.
(apogue@isp-law.com; cnorton@nortonsmithlaw.com;
agarcia@nortonsmithlaw.com)
Re: Notice of Appeal Withdrawal
•
Dear Eagle County Board of County Commissioners ("BoCC") and Cordillera Metropolitan
District Board of Directors ("CMD"):
As you are aware, I represent Starview Realty Investments,L.P. ("Starview"). On October
7, 2021, Starview submitted to the BoCC its Notice of Appeal of Denial for Exclusion from
Cordillera Metropolitan District (the "Appeal"). Pursuant to an agreed-upon briefing schedule,
Starview submitted to the BoCC its Appellant's Brief on January 10, 2022, and CMD submitted
to the BoCC its Appellee's Brief on February 10, 2022. A hearing on the Appeal was scheduled
for March 7, 2022.
Keith Tucker was Starview's principal.As you know,Mr.Tucker passed away on February
13, 2022, in a tragic skiing accident. Accordingly, by our request, the Appeal was stayed.
•
Now that some time has passed, and the family has begun getting Mr. Tucker's affairs in
order, we have been able to discuss the family's wishes regarding the Appeal. It is the family's,
the Estate's, and Starview's desire to forego the Appeal. Therefore, please accept this
correspondence as Starview's notice of its withdrawal of the Appeal. I have been in contact with
Alan Pogue, counsel for CMD, who represented that CMD consents to the withdrawal.
Thank you for your patience,professionalism,and understanding while we worked through
this situation.If you need anything further,please let me know. Otherwise, I will consider that this
• TTIUPIIO\i 1970)949-4200 •rmeraLlfieldme,Suite C-1(19.175 Mine Street,RI%en,elk•FLINNardti,Colorado R1632 •
DocuSign Envelope ID:96735D97-2581-4BCB-9E9C-92327E0CFA4F
Stovall Associates,P.C.
Re: Starview Appeal
February 16,2023
Page 2 of 2
matter is closed, the Appeal has been withdrawn, and there is nothing further needed from either
the Appellant or from the Appellee.
Very truly yours,
STOVALL ASSOCIATES, P.C.
Brian W. Bevan, Esq.
■ TELEPHONE:(970)9{9-420(1 •Emerald Building.,Suite C-109•175 Main Street.Rtiertsalk•Ldaards.Colorado 81632 ■