Homeowners sue over hotel project
September 4, 2008
ASPEN The owners of a 16,000-square-foot home on Aspen Mountain are suing the developers of The Residences at Little Nell and a host of other defendants, claiming construction has put the house on the brink of catastrophic failure.The owners of the home Joel Tauber, Julie McMahon, Ellen Horing and Benjamin Tauber also are suing Swinerton Builders, Bill Poss and Associates, KL&A Inc., and 25 unnamed defendants.The suit alleges that the ongoing construction activity has caused their property to subside downhill, resulting in up to 100 incidents of damage to the house. The home, which the Pitkin County Assessors Office most recently appraised at $14.45 million, is in jeopardy of becoming uninhabitable, claims the suit. Among the suits claims for relief are private nuisance, trespass, and ultrahazardous activities. The suit was filed this week in Pitkin County District Court by Denver-based law firm Brownstein Hyatt Farber Schreck LLP. The hotel is under construction at the base of Aspen Mountain, to skiers left of the Little Nell ski run.