The Docket: Real estate lawsuit roundup for 5.20.21

Adams District Court

Midnight Metals, LLC v. BWD Management, LLC; Team Heating & Air Conditioning, Inc.; Freedom Duct, Inc.; and Jill M. Doyle

Plaintiff says on/about March 10, 2020, it entered into a commercial lease agreement for 10515 Havana Ct., Brighton, paying $6,500 per month toward the purchase price of the property, and to date has paid a total of $51,515 for the option and purchase, per terms of the lease. Plaintiff says defendants have refused to accept plaintiff’s exercise of the option, and closed on the sale of the property to a third party in January, but have not repaid plaintiff in accordance with the lease.

Attorneys: Robert H. Miller and Brittany D. Reinke of Miller & Law

Filed: 5/4/2021

21CV30537

Denver District Court

OZ Architecture, Inc. v. RAFMO, LLC

Plaintiff says it provided architectural services for the development of the Grant St. & Logan St./19th Avenue Hotel, and has not been paid all that is due. Plaintiff asks damages of at least $158,298.43, and a decree that it has a lien on the property and judgment authorizing foreclosure and sale.

Attorneys: Max S. Stich and Philip A. Goiran of Tiemeier & Stich

Filed: 5/6/2021

21CV31427

Western Development Inc.; Keith A. Novick, as trustee of The Novick Family Irrevocable Trust dated 10/9/2009; and Keith A. Novick v. Lionshead Inn LLC; Lion Vail LLC; and Sabalos LLC

Contract. Defendant Sabalos owes plaintiffs $3 million to buy out their interests in a 53-acre property.

Attorneys: Andrew Petrie of Ballard Spahr

Filed: 5/17/2021

21CV31539

Douglas District Court

South Village LLC f/k/a Frederick Ranch LLC v. DR Horton Inc., a Delaware corporation; and DR Horton – Colorado LLC

Contract interference and good faith. Plaintiff says defendant violated its confidentiality agreement, cutting it out of negotiations for the purchase of a property in Frederick, about 182 acres of land, together with water rights, owned by the David P. Nelson Family Limited Partnership, Kent P. Nelson Family Limited Partnership, and Carol N. Coburn Family Limited Partnership, depriving plaintiff of anticipated profits of not less than $7.3 million.

Attorneys: R. David Scheid of Scheid Cleveland

Filed: 5/7/2021

21CV30330

FC Marketplace LLC v. Queenslander International LLC and Mark W. Story

Plaintiff says defendant has failed to make the agreed upon monthly payment of $5,188.38 for a business loan made on/about Oct. 24, 2019, and owes $234,049.85.

Attorneys: Harry L. Simon

Filed: 5/12/2021

21CV30338

El Paso District Court

Ryder Truck Rentals Inc. d/b/a Ryder Transportation Services v. Colorado Hi Tec Moving & Storage, Inc.

Plaintiff says defendant has failed to make payments due and owes $31,091.08.

Attorneys: Bill Peterson, Sarah Young and Jonathan Lebsack of Miller Cohen Peterson Young

Filed: 5/4/2021

21CV30703

Foxworth Galbraith Lumber Company v. Vine Cliff Heights LLC; JP Cooper Construction Co. LLC; David Riggle; Innovative Renovations Inc.; GWD Inc. d/b/a American Overhead Door; BBVA USA; El Paso County Public Trustee

Plaintiff says it furnished materials, supplies and goods for property at 1875 Vine Cliff Heights, Colorado Springs, and has not been paid in full. Plaintiff says it has sustained damages of $82,156.33 and seeks a first lien and order of foreclosure.

Attorneys: Jean C. Arnold and Alanna Boswell of Arnold & Arnold

Filed: 5/11/2021

21CV30744

Jefferson District Court

Foothills Housing 1 LLC v. Elk Creek Fire Protection District

Contract and negligence. Plaintiff says defendant refused to service plaintiff’s subdivision despite plaintiff’s ability to contribute $3 million to needed expansions.

Attorneys: Cynthia Lowery-Graber of Polsinelli
Filed: 5/6/2021

21CV30510

Automotive Transmission Engineering Corp. v. Colorado Garden Show, Inc.

Plaintiff says defendant has breached a lease dated June 23, 2017, by overcharging for operating expenses, unduly restricting plaintiff’s parking privileges, failing to pay plaintiff for performance of landscaping maintenance and refusing to return plaintiff’s security deposit, causing damages to be determined at trial.

Attorneys: Paul M. Grant of Goodreid & Grant LLC

Filed: 5/14/2021

21CV30542

us district court building

Adams District Court

Midnight Metals, LLC v. BWD Management, LLC; Team Heating & Air Conditioning, Inc.; Freedom Duct, Inc.; and Jill M. Doyle

Plaintiff says on/about March 10, 2020, it entered into a commercial lease agreement for 10515 Havana Ct., Brighton, paying $6,500 per month toward the…

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