The Docket: Real estate lawsuit roundup for 4.8.21

Adams District Court

Lennar Colorado, LLC and Stratus Amber Creek, LLC v. Amber Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado

Plaintiffs says the District agreed to reimburse Lennar and Stratus for the costs incurred in constructing public infrastructure improvements for Amber Creek subdivision, and to pay plaintiffs the fees the District collected from residential and non-residential property permits. Plaintiffs say despite clear contractual obligations, the District has refused to reimburse millions of dollars in costs and fees. Lennar seeks compensatory damages of not less than $2,491,480.06, and Stratus, no less than $1,492,932.14.

Attorneys: Kathryn A. Reilly and Thomas A. Olsen of Wheeler Trigg O’Donnell; and Jamie N. Cotter and Jacob F. Hollars of Spencer Fane

File: 3/29/2021


Boulder District Court

Tebo Partnership, LLLP v. Spartan Exteriors Construction and Roofing, LLC; and Charles Teague

Plaintiff says defendant leased commercial premises at 1104 Main St., Longmont, in June 2018, expiring June 30, 2021, has failed to pay rent since spring 2019, and that the base rent due for the full term is $49,548.

Attorneys: Andrew Spiegel

Filed: 3/30/2021


Denver District Court

 Tim White v. Katie Wolfe Agron, individually, and Wolfe Design House, LLC

Plaintiff, who owns a historic residence at 2601 Champa St., Denver, says he contracted with defendants in 2015 for performance of interior design services and to obtain extensive materials related to the interior rehabilitation, and over the course of the project defendants submitted numerous invoices for payment representing that certain services had been provided and certain materials purchased and obtained for the project. Plaintiff says he paid numerous invoices based on the representations, and that defendants accepted payment of amounts defendants knew were not owed, including tens of thousands of dollars’ worth of appliances, hardware, countertops, lighting and carpets that were never delivered. Plaintiff says that the project has continued into 2021 and has not yet been completed, that defendants have failed to provide any detailed accounting of their services and materials they assert were provided, and have failed to pay for materials and supplies provided by subcontractors, requiring plaintiff to pay them directly. Plaintiff seeks damages to be proven at trial, but at least $322,000.

Attorneys: Darrell D.B. Damschen and Terrence P. Murray of Murray & Damschen

Filed: 3/25/2021


Aeroplaza Therapy LLC v. Eclypses, Inc. a/k/a Eclypses, Incorporated

Plaintiff says defendant has breached a commercial lease for property at 2005 Aeroplaza Drive, Colorado Springs, for a term that commenced March 15, 2018, and continued through March 2022. Plaintiff says it agreed in August 2020 to a rent reduction of $830 a month, reducing the monthly rent from $9,270.10 to $8,440.10, but defendant’s last payment was Oct. 15, 2020, and defendant announced it was moving out on/about Nov. 10, 2020, notwithstanding the time remaining in the lease period. Plaintiff seeks damages to be determined at trial.

Attorneys: Brenda L. Bartels of Hanes & Bartels

Filed: 3/25/2021


Kathleen A. Harrison, Mark F. Boeddeker and Cary B. Egan, in their capacities of Co-trustees of the Catherine Boeddeker Survivor’s Trust and in their capacities as directors of Cross Mountain Ranch Corporation v. Matthew J. Boeddeker, in his capacity as Co-trustee of the Catherine Boeddeker Survivor’s Trust and in his capacity as director of Cross Mountain Ranch Corporation

This is a family dispute concerning plaintiffs’ and defendant’s status as directors of a closely held family business, Cross Mountain Ranch Corporation (CMRC), and the authority to market and sell real property owned by Cross Mountain Ranch Limited Partnership (CMRLP), a limited partnership of which CMRC is the sole general partner. Plaintiffs and defendant are siblings exercising control of family trusts and businesses. At the center of the dispute is real property located, in part, in Routt County, known as Cross Mountain Ranch, held by CMRLP. Plaintiffs say a third-party recently offered to buy portions of the ranch’s real property, commonly known as Fish Creek Lodge, Dunckley Ridge Ranch, and Pyramid Peak Ranch, and together referred to as Upper Cross Mountain Ranches, and defendant wishes to block the potential sale to retain personal use of the ranch. Plaintiffs say that although the parties were duly elected and have jointly acted as directors of CMRC since 2018 and, as such, through CMRC, in its capacity as the sole general partner of CMRLP, manage CMRLP, defendant now challenges plaintiffs’ election as directors of CMRC and their authority to market and sell the Upper Cross Mountain Ranches. Plaintiffs say the challenges lack merit, and as directors, have the discretion to direct CMRC to cause CMRLP to sell the property if they deem it prudent to so do, and seek a declaration from the court confirming their roles and the scope of their authority.

Attorneys: Katherine D. Varholak, Jessica L. Broderick and Allison R. Burke of Sherman & Howard

Filed: 3/29/2021


Jefferson District Court

Ascentium Capital LLC v. ME Southwest Plaza, LLC; ME Southlands, LLC; and Anne Grandchamp, an individual

Plaintiff says in February 2019, defendant obtained a loan to finance the acquisition of certain equipment and assets for its new Massage Envy location, agreeing to make 60 monthly payments of $2,359.99. Plaintiff says the terms were modified twice in 2020, but defendant has failed to make payments as scheduled and is indebted in the amount of $111,566.13.

Attorneys: John H. Bernstein and Kelly S. Kilgore of Kutak Rock

Filed: 3/26/2021


Sixth Avenue Place, LLC v. US Colorado Corporation and The Receivers, Inc. as Receiver for US Colorado Corporation

Plaintiff says defendant is in breach of leases for two suites at 17301 W. Colfax Ave., Golden, and seek damages to be proven at trial.

Attorneys: Alan D. Sweetbaum of Sweetbaum Sands Anderson

Filed: 3/30/2021


Caterpillar Financial Services Corporation v. Ridgeline Site Services LLC and Elizabeth Johnson, an individual

Plaintiff says defendant leased two loaders, and having failed or refused to make the payments, surrendered the equipment, which plaintiff sold and applied the proceeds to the balances due. Plaintiff says amounts still owing are $161,226.47 and $168,244.26.

Attorneys: Matthew A. Niznik of Sparks Willson

Filed: 3/30/2021


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