Suit: Red Mountain home’s value dropped $1 million because of illegal work
The Aspen Times
The owner of a Red Mountain home has filed a lawsuit claiming its previous owner devalued the property by more than $1 million because the former owner violated county code when he did remodeling work on the property.
Draw Drive LLC’s lawsuit was filed against previous owner John S. Beeson, who is a major developer in Houston, and Aspen-based Buckaroo Builders. All nine of the claims target Beeson, who did not return a telephone message, and two are against Buckaroo.
“The adventure continues,” is all Mark Hesselschwerdt, president of Buckaroo Builders, would say Thursday when informed of the complaint.
Draw Drive bought the 5,012-square-foot home for $4 million in March 2013, according to property records. But when the purchase was made, the seller failed to disclose that zoning violations were committed when remodeling work was done to the property, the suit alleges.
The county discovered the violations when the new owner submitted an application for a building permit to remodel the home with the Pitkin County Community Development Department, the suit says.
The county then required the new owner to get the property up to code, costing the plaintiff “in excess of $200,000,” the suit says.
That work included replacing walls in the basement, which made the home “less desirable and less valuable” than it was at the time it was bought. The property’s value dropped by at least $1 million, the suit says.
Beeson is accused of fraudulent concealment, fraudulent misrepresentation, negligent misrepresentation, violation of the Colorado Consumer Protection Act, two claims of negligence, breach of contract and breach of obligation of good faith and fair dealing. Buckaroo Builders faces two civil counts of negligence.
The suit seeks a jury trial and was filed in Pitkin County District Court by Neiley Law Firm LLC of Glenwood Springs.
The Aspen City Council directed staff to move forward with the Burlingame early childhood education center, but decided it needs more information on the affordable housing units that are part of the schematic design at a work session Monday.