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TOWN OF VAIL v. VILLAGE INN PLAZA-PHASE V

Court of Appeals No. 20CA1179.

498 P.3d 1123 (2021)

2021 COA 108

TOWN OF VAIL, a Colorado home rule municipality, Appellant, v. VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION, a Colorado non-profit corporation; Vail Village Inn, Inc., a Colorado corporation; Griffin Development LLC, a Texas limited liability company; Karin Wagner, as Trustee for the Karin Wagner Revocable Inter Vivos Trust; Meadow Drive Ventures Inc., a Colorado Corporation; Potamus Bean LLC, a Texas limited liability company; Staufer Commercial LLC, a Colorado limited liability company; VVI, LLC, a Colorado limited liability company; Richard L. Liebhaber, Appellees.

Colorado Court of Appeals, Div. II.

Announced August 12, 2021.

Attorney(s) appearing for the Case

Hoffman, Parker, Wilson & Carberry, P.C., Kendra L. Carberry , Denver, Colorado; Hoffman, Parker, Wilson & Carberry, P.C., J. Matthew Mire , Vail, Colorado, for Appellant.

Miletich, P.C., Walter N. Houghtaling , Denver, Colorado; Frederick G. Aldrich LLC, Frederick G. Aldrich , Grand Junction, Colorado, for Appellee Village Inn Plaza-Phase V Condominium Association.

Porterfield Oliver LLC, Wendell Porterfield , Vail, Colorado, for Appellees Staufer Commercial LLC and Vail Village Inn, Inc.

Hale Law LLC, Allan Hale , Steamboat Springs, Colorado, for Appellees Griffin Development LLC, Karin Wagner, Meadow Drive Ventures Inc., Potamus Bean LLC, Richard L. Liebhaber; and VVI, LLC.

Altitude Community Law, P.C., William Short , Azra Taslimi , Lakewood, Colorado, for Amicus Curiae Community Associations Institute.

¶ 1 The anti-discrimination provision of the Colorado Common Interest Ownership Act (CCIOA), section 38-33.3-106, C.R.S. 2020, states that no ordinance may "impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under...

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