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RAVENSTAR, LLC v. ONE SKI HILL PLACE, LLC

Supreme Court Case No. 16SC224.

401 P.3d 552 (2017)

2017 CO 83

RAVENSTAR, LLC, a Colorado limited liability company; The Chips, LLC, a Colorado limited liability company; Let-R-Buck, LLC, a Colorado limited liability company; A Rockin Place to Ski, LLC, d/b/a One Rockin Place to Ski, LLC, a Colorado limited liability company; and Rockin OSHP, LLC, a Colorado limited liability company, Petitioners, v. ONE SKI HILL PLACE, LLC, a Colorado limited liability company, Respondent.

Supreme Court of Colorado.

September 11, 2017.

Attorney(s) appearing for the Case

Attorneys for Petitioners: Glover Law Office, LLC, Douglas A. Glover , Castle Rock, Colorado, BuxmanKwitek, P.C., Linda McMillan , Pueblo, Colorado.

Attorneys for Respondent: Brownstein Hyatt Farber Schreck, LLP, Jonathan G. Pray , Denver, Colorado, Bryan Cave LLP, Michael J. Hofmann , Denver, Colorado.

En Banc.

¶ 1 This case requires us to determine whether a liquidated damages clause in a contract is invalid because the contract gives the non-breaching party the option to choose between liquidated damages and actual damages.1 We hold that such an option does not invalidate...

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