Man sues city of Aspen again over neighborhood construction
A man who sued the city of Aspen in November filed another complaint against the city in district court this week alleging various wrongdoings relating to construction projects in his neighborhood.
Tim Murray, an Aspen resident who is representing himself without any legal background, said Wednesday that constant construction noise and air pollution are the consequences of the city’s inaction.
In the latest complaint, which names both the city and the city council as defendants, Murray alleges that council members who approved an Aspen Club development agreement in 2010 had personal and professional interests in seeing the plan approved. He also wants clarification on when the five-year vesting period actually began — he thinks the start date was July 2010, which means vesting would soon expire.
“(The Aspen Club) had a groundbreaking about a year ago now, and now they’re coming back to the city for revisions,” he said. “I’m just skeptical whether they can get this done within the vesting period.”
Murray, who grew up in Aspen, said his 83-year-old father lives with him and construction noise has severely diminished their quality of life.
“One of the real reasons I’m doing this is because it impacts my father the most. He loves to sit out on his deck in the summertime,” Murray said. “It just breaks my heart to see this go on and on and on with a guy who’s 83 years old. How many good years has he got?”
Murray seeks judgments from the court that forfeit the vested rights and also declare parts of a 2010 ordinance and development agreement illegal. He also wants the city to rescind all decisions relating to the Aspen Club development agreement.
Murray also alleges that sewer work for the project, done last summer, violated the city’s Noise Suppression Plan, among other claims.
City Attorney Jim True didn’t return messages left by The Aspen Times on Wednesday. True told The Aspen Times in November that the city believed it had no obligation to compensate Murray under any law. Murray’s 2014 lawsuit claims the city violated a Colorado statute and went against its own Aspen Area Community Plan when it allowed a change order permitting an extended period of excavation work at 1409 Crystal Lake Road. Construction of a double basement, part of which will house a bowling alley, is still underway there.
Murray said the 2014 lawsuit is still “hung up in the courts” and that it may or may not go to a jury.
“We’re still listening to this construction, five days a week, 9 to 5,” he said.
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