Opinion
Civil Action No. 90-Z-1232.
March 29, 2006
Jean J. Dubofsky, Jean J. Dubofsky, P.C., Boulder, CO, Attorneys for Friends of Hunter Creek.
Barton L. Enoch, Enoch Enoch, P.C., Colorado Springs, CO, Attorneys for Gerald D. Hosier, Thomas D. McCloskey and Bonnie P. McCloskey.
Joseph J. Bronesky, Sherman Howard, L.L.C., Denver, CO, Attorneys for Red Mountain Ranch Home Owners Association.
Christopher G. Seldin, Pitkin County Attorney, Aspen, CO.
Ronald Garfield, Esq., Garfield Hecht, Aspen, CO, Attorneys for Estamar Trust Pursuant to Declaration of Trust Dated June 22, 1998.
Gideon Kaufman, Kaufman, Peterson Dischler, P.C., Aspen, CO, Attorneys for Glenda L. Greenwald Personal Residence Trust Gerald, Greenwald Personal Residence Trust.
Diane B. Davies, Esq., Faegre Benson, Denver, CO, Attorneys for Tournesol III, LLC.
Lawrence L. Levin, Esq., Lawrence Levin, LLC, Denver, CO, Attorneys for B. John Barry.
ORDER RELEASING AND DISCHARGING LIS PENDENS
THIS MATTER is before the Court on the Joint Motion of Plaintiffs, Board of County Commissioners of Pitkin County, Colorado, and Friends of Hunter Creek, and Defendants Red Mountain Ranch Homeowners' Association, Thomas D. McCloskey, Jr., Bonnie P. McCloskey, Gerald D. Hosier, Berry R. Cox Trust #14, Thomas K. Ireland, Mel Harris, John Sweeney and B. John Barry, for an Order releasing and discharging all lis pendens recorded with respect to or arising from this action. Having reviewed its file and the Motion, and being sufficiently advised, the Court finds that following trial of this matter, it entered an Order dated September 3, 1993, which was a final order under F.R.C.P. 58. Certain parties filed post-trial motions under F.R.C.P. 59, resulting in the Court's Additional Findings of Fact and Order dated May 14, 2002. Thereafter, Defendants Red Mountain Ranch, McCloskey and Hosier appealed both Orders. No other party filed an appeal. The Court further finds that all issues and disputes asserted in or arising from this action have been resolved either by final Order of this Court or by agreement of the parties. The Court further finds that all lis pendens arising from this action should be released and discharged.
IT IS THEREFORE ORDERED that all lis pendens recorded with respect to or arising from this action, including, but not limited to, the following lis pendens:
1. As recorded on July 23, 1990, in Book No. 625, Page No. 467, at Reception No. 324611, of the records of Pitkin County, Colorado; and
2. As recorded October 11, 1990, in Book No. 631, Page No. 900, at Reception No. 327113, of the records of Pitkin County, Colorado,
SHALL BE AND ARE HEREBY RELEASED AND DISCHARGED WITH PREJUDICE.
SO ORDERED.