Crested Butte notifies Foothills developers of intent to lien property

Letter of intent sent February 11

The town of Crested Butte has officially started legal proceedings against the development company that has been working to annex 44 acres of land into town.

 

 

A certified letter containing a notice of intent to file a lien against Fairways GH Paradise, LLC was sent Thursday, February 11. The action comes over the proposed Foothills of Crested Butte annexation proposal.
The town contends the developers owe $72,616.90 to the town for work performed in annexation negotiations. If that money isn’t paid by February 22, the town will officially file a lien.
The Denver law firm Murray, Dahl, Kuechenmeister and Renaud, is handling the legal aspects of the situation. Attorney Gerry Dahl has done consulting work with Crested Butte over several issues for more than 25 years. Town attorney John Belkin has stepped aside in the matter due to a potential conflict of interest.
The Foothills proposal has been in the pipeline for about two years with the latest plan calling for about 160 home sites on 44 acres north of town.
The town states the developers are in breach of the annexation agreement contract that required the developers to reimburse the town for expenses associated with the project. The town has claimed the original $25,000 deposit but the developers still owe more than $72,000.
According to the Notice of Intent to File Lien Statement, “Fairways has refused and failed to pay the amounts owing the town…” The town will officially file the lien ten days after the letter was mailed. The lien will be recorded with the Gunnison County Clerk and Recorder.
The town has billed the developers more than $180,000 under the annexation agreement but the developers haven’t paid an invoice since last summer. Fairways partner Brant Bryan has stated that the developers have lost confidence in the town’s annexation process and have taken a “timeout” from paying the bills.
Never the less, Bryan has said he still has hope the land will eventually be annexed and the development approved in Crested Butte.

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