The Docket: Real estate lawsuit roundup for 6.16.22

Adams District Court

Mtech Mechanical Technologies Group v. The Austin Company; Bimbo Bakeries USA; Rainbo Bread Company; The Austin Company

Mechanic’s lien foreclosure. Plaintiff says it wasn’t paid for construction work at 7300 Brighton Road in Commerce City.

Attorneys: Jack P. Storti and Richard J. Isert, Berg Hill Greenleaf Ruscitti LLP

Filed: 6/10/2022

22cv30712

Arapahoe District Court

Mimi Myers v. Denver Primavera Design; Nikola Stokanic

Plaintiff says defendant Stonanic lived at her house in Centennial and performed work  on it with no expectation of repayment. Then, after their relationship ended, defendants billed the plaintiff $318,000 for the work and placed a mechanic’s lien on her house.

Attorneys: Michael P. Cross, Burnham Law

Filed: 6/1/2022

22cv30992

Mark Bellamy; Robyn Bellamy v. Revelations in Christ dba Holy Ground Real Estate

Contract and good faith. Plaintiffs claim the defendant took payment from plaintiffs for a “tiny house” without fulfilling the contract and converted the money paid for other uses.

Attorneys: Thomas Goodreid

Filed: 6/6/2022

22cv31018

BluSky Restoration Contractors v. Rangewater Real Estate and HMRT/PSREG Venue Property

The plaintiff, a Colorado-based general contractor for the mitigation and repair of properties after they have suffered a casualty, accuses the defendant of not paying it $1 million the plaintiff is owed for work in Texas.

Attorneys: Charles “Steve” Chapman, Jr., Rocky Mountain Litigator LTD

Filed: 6/10/2022

22cv31053

Kelly Dougherty; Sean Dougherty v. Valiant Spaces; Valiant Construction Holdings; Valiant Consulting Group; Valiant Homes; Valiant Corporation dba Valiant Homes; Thomas M. Martinez Jr. aka Tom Martinez; Elevate DC; Adam Rahberg

Fraud and misrepresentation. Plaintiffs claim that the defendants wrongly used funds placed in a trust by the plaintiffs and misrepresented their identities.

Attorneys: Todd Collins, Todd Collins & Associates LLC

Filed: 6/14/2022

22cv31082

United States Protective Service v. Park Place 1

Plaintiff says it is owed $121,000 for providing security at Park Place at Exposition, an apartment complex at 10785 East Exposition Ave. in Aurora.

Attorneys: Carl A Hjort and Charles B. Wood, Cantafio & Song PLLC

Filed: 6/13/2022

22cv31071

Archuleta District Court

Escapa; Blackhead Properties; Gregg Fitts Trustee; Monica A/ Alley; John Grey; Kristin A. Grey; Jlsfun; Peter Macomber; Nicole Buckley; Olivia Moder; Aaron Steven Moore; Clinton J. Alley; Melissa B. Buckley v. Town of Pagosa Springs

Plaintiffs assert the defendant improperly adopted an unconstitutional ordinance imposing unreasonable fees and taxes related to short-term rentals in Pagosa Springs.

Attorneys: Paul Kosnik, Eggleston Kosnik LLC

Filed: 6/10/2022

22cv30035

Boulder District Court

Barbara Turner v. Golden West Communities Inc.

Plaintiff says she left the defendant’s senior apartment complex because an employee threw a wooden dolly at her, yet she was still required to pay back rent. Plaintiff also alleges she suffered broken bones and a concussion due to the defendant allowing an unattended dog on the premises.

Attorneys: Pro se

Filed 5/31/2022

22CV000063

Ten Eleven Pearl LLC v. Nani Nalu LLC; Grant Cermak; Jennifer Cermak

A lease dispute along Boulder’s Pearl Street, $246,000.

Attorneys: Rachel L. Burkhart and Lindsey P. Folcik, Faegre Drinker Biddle & Reath LLP

Filed: 6/6/2022

22cv30370

George Williams Limited Liability Limited Partnership v. 1002 Walnut Investment; Public Trustee for Boulder County

Plaintiff says the defendant loaned it $5,785,000 in 2020, then declared a default and forced the sale of five condominiums. Plaintiff says the sale would yield the defendant “a $5 million windfall above and beyond the amounts reasonably necessary to repay its loan.”

Attorneys: Robert C. Podoll, Podoll & Podoll P.C.

Filed: 6/13/2022

22cv30387

Schindler Elevator Corporation v. Feller Homes; Cherrywood Condominiums; Cristina Mcknight; Sussex Management; Burch Enterprises; MKLM Properties; Constance Cain; Kenneth Rider; Karen Rider; William Long; Gennifer Gibbs; Michael Knoll; Susan Johnson; Tien Widjaja; United Wholesale Mortgage; Elevations Credit Union; Broker Solutions.; Highlands Residential Mortgage; AmeriFirst Financial; Public Trustee of Boulder County

Mechanic’s lien foreclosure over $60,000. Plaintiff says it contracted with defendant Feller to install two elevators at 230 S. Cherrywood Drive, Building 6, in Lafayette and Feller “has unjustifiably failed and refused to pay Schindler in full for its services.”

Attorneys: Edward L. Shepyer, Glade Voogt Lopez Smith Felser PC

Filed: 6/13/2022

22cv30385

Denver District Court

A&S Services LLC v. Wendy A. Clasen; Isaac N. Smith; Mortgage Electronic Registration Systems Inc.; Paul D. Lopez

Plaintiff says defendants purchased property in 2020 and hired it to do $18,637 of work on the property in August 2021 but still owe $12,481.

Attorneys: Aaron W. Barrick and Lindsay J. Ober, Folkestad Fazekas Barrick & Patoile

Filed: 5/31/2022

22cv31531

Alliance Glazing Technologies Inc. v. Amacon Construction LLC

Plaintiff alleges the defendant owes it $220,000 for work on Block 176, a two-tower project along Broadway that will add 461 condominium units to downtown Denver.

Attorneys: Robert H. Miller and Brittany D. Reinke, Miller & Law P.C.

Filed: 6/1/2022

22cv31553

Edman Builders LLC v. Colorado Department of Transportation; GW Mechanical Excavation LLC; Bajwa Roofing Inc.

Contract and negligence. Plaintiff alleges that defendants levied damages against the plaintiff for project delays that weren’t caused by the plaintiff.

Attorneys: Michael S. Samelson and Julie M. Yates, Wick & Trautwein LLC

Filed: 6/3/2022

22cv31569

Golden Triangle Construction Inc. v. OPG Green Valley Ranch Partners LLC; OPG Green Valley Ranch Partners II; Arco National Living Group LLC; Millenium Green Valley Ranch Owner LLC; Great Western Bank; PNC Bank National Association

A mechanic’s lien foreclosure for $165,000 on the Green Valley Ranch Apartments located at 4857 and 4927 N. Salida St. in Denver.

Attorneys: David M. McLain and Taylor G. Ostrowski, Higgins Hopkins McLain & Roswell

Filed: 6/7/2022

22cv31610

Colfax Central LLC v. The Denver Game Lounge LLC; Adam Alleman

Lease dispute. Plaintiff says the defendant leases a building at 1490 Eudora St. in Denver and “has failed to make payment when due under the lease.”

Attorneys: Irvin Borenstein, Borenstein & Associates LLC

Filed: 6/13/2022

22cv31661

El Paso District Court

Jack L. Pfost, Chelser Re, TDP RE v. Aspirant Partners

Contract dispute. Plaintiff alleges that for more than a year, the defendant failed to close a property purchase, due in part to a failure to plan for its proposed development of that property, effectively terminating the purchase contract. Seeks $4.4 million.

Attorneys: John P. Gebauer, Kraemer Deen Neville Gebauer LLC

Filed: 6/1/2022

22cv30922

Nancy Reinking; Jerome T. Reinking v. Jayne of All Trades; Erica J. Johnson

Plaintiffs claim they hired the defendants to perform renovation and electrical work on their home and made four down payments worth $32,562 for work that was never done.

Attorneys: Matthew Gardner and Laurel Quinto, Burnham Law

Filed: 6/9/22

22cv30967

Jefferson District Court

Delta Thunder LLC v. Michele Boyer & Associates LLC and Michele Boyer

Plaintiff alleges defendants loaned money and used real estate as collateral but never filed deeds of trust with the government and hasn’t repaid the $35,935 borrowed.

Attorneys: William Bronchick

Filed: 5/31/22

22CV30614

C H Brax dba Start Real Estate v. Melissa Sue Connor; Regal Realtors DFW dba Regal Realtors Colorado

Contract interference. Plaintiff says the defendants used plaintiff’s confidential information to start a competing business that damaged plaintiff’s venture.

Attorneys: Ryan P. Horace, Frascona, Joiner, Goodman and Greenstein P.C.

Filed: 6/10/2022

22cv30670

Larimer District Court

Hostmark Investors Limited Partnership v. RLC IV FIFC; Rlc V CYFC

Contract dispute. Plaintiff claims that defendants refused to compensate plaintiff for $528,000 advanced to develop two hotels in Fort Collins.

Attorneys: Adam L. Massaro, Akerman LLP

Filed: 6/9/2022

22cv30384

Pitkin District Court

Howard S. Silverman v. 126 Juan Street

Plaintiff is an Aspen condo tenant who alleges work on the condo building has affected the air quality, making it impossible for his 14-year-old daughter with cancer to stay there. The plaintiff seeks damages and release from his lease.

Attorneys: Kenneth E. Citron, Klein Coté Edwards Citron LLC

Filed: 5/27/2022

22cv30047

KDR Trust v. City of Aspen; Aspen City Council

Plaintiff appeals defendant’s denial of a permit to remodel a single family home at 800 Roaring Fork Road in Aspen.

Attorneys: Christopher D. Bryan and Mary Geiger, Garfield and Hecht

Filed: 6/13/2022

22cv30056

Laura Biel; Bryce Johnson v. City of Aspen; Aspen City Council

Plaintiff appeals defendant’s denial of a permit to remodel a single family home at 506 W. Hallam St. in Aspen.

Attorneys: Christopher D. Bryan and Mary Geiger, Garfield and Hecht

Filed: 6/13/2022

22cv30055

308 North First v. City of Aspen; Aspen City Council

Plaintiff appeals defendant’s denial of a permit to remodel a single family home at 308 N. 1st St. in Aspen.

Attorneys: Christopher D. Bryan and Mary Geiger, Garfield and Hecht

Filed: 6/13/2022

22cv30054

Pueblo District Court

Tracy Reece v. J O Roofing And Exteriors; J O Roofing

Contract dispute. Plaintiff alleges that the defendants failed to properly complete a roofing project for the plaintiff and owe “in excess of $25,000.”

Attorneys: Matthew L. Schneider, Bradley T. Bufkin and Charles Rupprecht, Bufkin & Schneider Law LLC

Filed: 6/13/2022

22cv30280

Routt District Court

FUMO v. Werner C5C6

Contract dispute. Plaintiff claims that the defendant failed to perform a property inspection nor accept plaintiff’s earnest money and instead informed the plaintiff of its intent to sell property to another buyer. Amount sought: $600,000.

Attorneys: James R. Cage and Andrew T. Flynn, Moye White LLP

Filed: 6/10/2022

22cv30043

San Miguel District Court

Thomas Archipley II v. Telluride Town Council; Telluride Planning And Zoning Commission; Telluride Council For the Arts And Human

Negligence. Plaintiff alleges the defendants negatively impacted plaintiff’s property value and enjoyment of his residence when they approved redevelopment of a neighboring vacant warehouse into an arts center without consideration for the plaintiff and without following the proper procedures for public input.

Attorneys: Andrew L. W. Peters, Bill E. Kyriagis and Rebecca C. Sokol, Otten Johnson, Robinson Neff & Ragonetti P.C.

Filed: 6/7/2022

22cv30021

Weld District Court

1320 Enterprises v. RCJC; MR Investment Properties dba Panorama Commercial Group

Plaintiff seeks an injunction preventing and prohibiting defendants from marketing the disputed property, allegedly in contravention of the lease and option, for $4.4 million.

Attorneys: William F. Garcia, Christopher Schmidt and Fritz W. Ganz, Coan Payton & Payne

Filed: 6/1/2022

22cv30362

Buxman Excavating v. JCH Davis Contractors dba GJ Gardner

Collection for services rendered. Plaintiff alleges the defendant never paid it $22,000 for excavation work at several properties in Northern Colorado.

Attorneys: Lia Szasz and Lee Morehead, Otis & Bedingfield LLC

Filed: 6/2/2022

22cv30367

Ruth A Lindhagen; Ronald A Lindhagen v. Alliance Development Maple Ridge II

Fraud. Plaintiffs allege that the defendant induced others to prepare a property sales brochure and other materials while knowing the square footage and other details were inaccurate, therefore closing sales contracts based on fake information that square footage was smaller than claimed.

Attorneys: Richard A. Marsh, Marsh Law P.C.

Filed: 6/13/2022

22cv30396

U.S. District Court for the District of Colorado

Jacey Siller v. CBRE Inc.; Bryan Semel

Employment and gender discrimination. Plaintiff alleges that while employed by CBRE, defendant Bryan Semel, who managed plaintiff’s commissions, sexually harassed her, stalked, and undermined her ability to work after she broke up with him.

Attorneys: Branden Lewiston, Aegis Law Group LLP

Filed: 6/1/2022

1:22CV1367

Black Mountain Capital LLC v. Wedge Brands LLC; ZG Holdings LLC; Kar Direct LLC; ZGC Management LLC; Northwave North America LLC; Eisbar NA LLC; Granite Roots LLC; Koda USA LLC; WB Xcel Holdings LLC; WB Pistil Holdings LLC; Jarka Duba; Timothy Puschaver

Lease dispute. Plaintiff is terminating its lease after it was unable to obtain financing, allegedly due to defendant Wedge Brands’ finances. Plaintiff seeks $475,000.

Attorneys: Thomas M. Haskins III and Angela D. DeVine, S&D Law

Filed: 6/8/2022

1:22CV1439

The Docket real estate lawsuit roundup

Adams District Court

Mtech Mechanical Technologies Group v. The Austin Company; Bimbo Bakeries USA; Rainbo Bread Company; The Austin Company

Mechanic’s lien foreclosure. Plaintiff says it wasn’t paid for construction work at 7300 Brighton Road in Commerce City.

Attorneys: Jack P. Storti and Richard J. Isert, Berg Hill Greenleaf Ruscitti LLP

Filed: 6/10/2022

22cv30712

Plaintiffs sue over a tiny house, contractors claim they weren’t paid, and an investor says a defendant owes $4.4 million for failing to close on a property.

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