January 23, 2012

SandBox Comments: Aspen Daily News "County not out of Droste legal woods"

The other side to the problems that the folks have over the Droste property.

"...After a nearly 15-year land-use battle over open space in the Brush Creek Valley that culminated with Pitkin County paying $17 million to the Droste family for 841 acres, public officials still might end up in a courtroom.

The county, with help from other local governments, in 2010 bought the open space, ending a long legal fight that involved a moratorium preventing brothers Bruce and Peter Droste from building homes on the site. The family’s lawsuit challenging the moratorium eventually reached the Colorado Supreme Court, which upheld the county’s decision.

In June, Peter Droste sued Bruce Droste in Pitkin County District Court, alleging that his brother has not compensated him for the estimated $1 million he spent in trying to develop the land and filing the lawsuit against the county. The lawsuit claims that Bruce Droste is benefiting from unjust enrichment for allegedly not compensating his brother for his time and money spent on the development effort.

Bruce Droste’s response, filed by Aspen attorney Ted Gardenswartz, denies that from 1995 to 2010, Peter Droste “planned the development, filed applications, attended hearings and otherwise took actions” to obtain land-use approvals to develop Brush Creek Ranch. Bruce Droste also says in the response that “various financial expenditures were reimbursed.”

On Jan. 12, Judge Gail Nichols of the 9th Judicial District approved a motion by both sides that will allow the brothers to increase the number of witness depositions allowed and pretrial evidence requests that can be made. Both sides argued that this is necessary because of the large number of people who have knowledge relevant to the lawsuit..."
(Chad Abraham)

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