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SLC v. TWO CREEKS HOMEOWNERS' ASS'N

No. 05CA0024.

159 P.3d 662 (2006)

SNOWMASS LAND COMPANY, an Illinois general partnership, Plaintiff-Appellant, v. TWO CREEKS HOMEOWNER'S ASSOCIATION, Inc., a Colorado nonprofit corporation, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 10, 2006.

Certiorari Denied November 13, 2006.

Attorney(s) appearing for the Case

Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Thomas J. Ragonetti, J. Thomas MacDonald, James T. Johnson, Denver, Colorado, for Plaintiff-Appellant.

Klein Cote & Edwards, LLC, Herbert S. Klein, Lance R. Cote, Madhu B. Krishnamurti, Aspen, Colorado, for Defendant-Appellee.

Opinion by Judge HAWTHORNE.

In this dispute involving the reservation of the right to withdraw and develop certain real property, plaintiff, Snowmass Land Company (SLC), appeals the trial court's summary judgment in favor of defendant, Two Creeks Homeowner's Association, Inc. (the Association). We affirm.

I. Background

In 1994, SLC created two common interest communities, East Village and Two Creeks, pursuant to the Colorado Common Interest Ownership...

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