Midvalley group files an appeal of lower court’s ruling in Tree Farm case | AspenTimes.com

Midvalley group files an appeal of lower court’s ruling in Tree Farm case

Staff report

A group called Save Mid Valley has filed an appeal in litigation over the Eagle County commissioners’ approval of the Tree Farm project in El Jebel.

Save Mid Valley and one of its organizers, Ken Ransford, asked the Colorado Court of Appeals on Friday to overturn a decision made by Eagle County District Court Judge Kenneth Plotz. The lower court ruled Jan. 10 that the county commissioners acted properly when they voted 2-1 to grant approval to the Tree Farm.

The midvalley development is for as many as 340 residential units comprising 379,635 square feet and 134,558 square feet of commercial development, including a hotel. It was proposed by landowner Ace Lane and his company, Woody Ventures LLC.

“This matter is not an ordinary, garden-variety land-use dispute,” the notice of appeal by Save Mid Valley stated.

The notice later noted, “Appellants do not seek to shut the Tree Farm parcel from development, but rather desire to insure (sic) that any approval does adhere to the basic requirements of the Colorado Constitution, state law and the Eagle County land-use code.”

The notice, prepared by attorney Tim Whitsitt, raises eight issues on appeal. Among the claims is that the preliminary plan approval for the Tree Farm violated Eagle County’s own land-use code, violated the county’s affordable-housing guidelines and didn’t comply with the earlier sketch plan approval. Plotz ruled against Save Mid Valley on each of the claims.