This article is reproduced from the Summit Daily News, October 6, 2010, reported by Caddie Nath.
BRECKENRIDGE — The Summit Board of County Commissioners and Breckenridge Town Council delayed approval Tuesday on an agreement with Breckenridge Ski Resort to support a proposed Peak 6 expansion.
The agreement, a Memorandum of Understanding (MOU) discussed Tuesday in a joint work session of the BOCC and the Council, is aimed at resolving some of the social and socio-economic concerns surrounding the expansion.
Members of the Council and the BOCC expressed concerns that the agreement was too vague and didn't include enough solid commitments from the ski resort. Members said they did not want to send the message to the community and the Forest Service that all of their concerns with the project had been resolved by supporting the memorandum, which stated that the social and socio-economic issues had been “addressed.”
“I wasn't really comfortable at this time giving whole-hearted support,” said Councilwoman Jennifer McAtamney.
One area of contention between the town and county and ski area owner Vail Resorts is the financial responsibility for the increased burden the Peak 6 expansion will likely put on the county's social services, as well as parking and housing in Breckenridge.
The memorandum states that “the goal is to avoid negative impacts,” to the availability of social services, housing and parking, but does not address how negative impacts will be avoided or who will bear financial responsibility for negative impacts on those services as a result of the expansion.
While asking for clearer language in the final agreement, members of the BOCC and council acknowledged that it would be hard to quantify the commitments they were looking for from the resort.
“At some point we trust the ski business to take its part in the community, contribute its share to the community and there ain't no way to quantify that,” said County Commissioner Bob French.
The Peak 6 expansion is expected to create about 20 new jobs within the resort. It would include 450 acres of downhill ski terrain, one new lift and possibly a restaurant. The resort has agreed not to develop the base of the mountain.
The MOU was drafted based on the findings of a community task force formed after the proposal for lift-served skiing on Peak 6 was criticized by some members of the community.
Vail Resorts agreed to add more affirmative language to the memorandum in response to the stated concerns over the lack of concrete commitments in the agreement.
“We're very appreciative of all the time and work that people have put into getting to where we are today, from the task force process to pulling together the MOU,” said Vail Resorts spokeswoman Kristin Williams. “I think we got some very good feedback today that will allow us to continue to move the process forward.”
While revisions of the MOU may be discussed by both the Council and the BOCC over the next few months, it is unlikely that plans will move forward until the Environmental Impact Statement (EIS) on the expansion project is released by the U.S. Forest Service, according to Breckenridge spokeswoman Kim DiLallo. The EIS is expected in January of next year.
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Wednesday, October 06, 2010
Some tips on pursuing a case in small claims court
This article is reproduced from the Summit Daily News, October 6, 2010, by permission of author Noah Klug.
Many potential clients come to me with cases that are not economical to pursue with an attorney given the relatively small amount in dispute. I often advise these people to pursue their cases in small claims court. Here's an overview of the small claims court process.
Small claims courts do not have authority to hear every kind of case. The jurisdiction of small claims courts is limited to claims that do not exceed $7,500 plus costs and interest. Small claims courts generally only decide cases for money damages or concerning enforcement of restrictive covenants.
A plaintiff commences a small claims case by filing a complaint against the defendant using a standard form available at the courthouse or at http://www.courts.state.co.us. The complaint must be filed in the county where the defendant lives, works, goes to school at a college or other institution of higher education, or has a business office. Two exceptions are security deposit disputes and restrictive covenant disputes, which can be filed in the county where the property at issue is located. The plaintiff must pay a fee at the time the complaint is filed.
The complaint form requires the plaintiff to describe the nature of the claim in plain language. The plaintiff should be certain that he is suing the correct person or entity such as a limited liability company or corporation. The complaint must identify the “registered agent” for an entity, which is a person authorized to accept service of legal papers. Information about entities and registered agents is available at http://www.sos.state.co.us.
Once a complaint is filed, the clerk of the court will complete the form and indicate the date set for trial. The plaintiff must then serve a copy of the complaint on the defendant at least 15 days before trial, or the trial will be rescheduled. The plaintiff can choose to have the complaint served (a) by a person over the age of 18 who is not involved in the case or is not a family member of someone involved in the case; (b) by the sheriff's department; or (c) by having the clerk send the complaint to the defendant by certified mail. Service by certified mail is complete if the defendants accepts or refuses to accept the mailing.
After service, the defendant must file a response and pay a fee on or before the trial date stating in plain language why he believes the complaint is not valid. The defendant's response can include a “counterclaim,” which is a claim against the plaintiff. If a counterclaim is for more than $7,500 the case may need to be transferred out of small claims court to a court that has jurisdiction to hear all the claims.
While a plaintiff in small claims court cannot initiate the case using an attorney, the defendant can choose to be represented by an attorney by filing a notice with the court. The plaintiff is also then permitted to have an attorney. There are other special rules about when attorneys are permitted to appear in small claims court.
When the parties show up for trial, they may first be required to meet with a neutral mediator to discuss settlement. If the parties do not reach settlement, they will proceed to trial, which is typically before a magistrate instead of a judge. The magistrate will permit each side to explain its side of the case. It is important for the parties to be organized and prepared to present relevant evidence. At the completion of the trial, the court may enter judgment against one of the parties. The winning party can then attempt to collect the judgment.
Small claims court provides an effective way of resolving disputes without the parties incurring unnecessary expense. For more information, I recommend reviewing the materials on the court website referenced above.
Noah Klug is principal of The Klug Law Firm, LLC, a general law practice in Summit County emphasizing real estate and business law. He may be reached at (970) 468-4953 or Noah@TheKlugLawFirm.com.
Many potential clients come to me with cases that are not economical to pursue with an attorney given the relatively small amount in dispute. I often advise these people to pursue their cases in small claims court. Here's an overview of the small claims court process.
Small claims courts do not have authority to hear every kind of case. The jurisdiction of small claims courts is limited to claims that do not exceed $7,500 plus costs and interest. Small claims courts generally only decide cases for money damages or concerning enforcement of restrictive covenants.
A plaintiff commences a small claims case by filing a complaint against the defendant using a standard form available at the courthouse or at http://www.courts.state.co.us. The complaint must be filed in the county where the defendant lives, works, goes to school at a college or other institution of higher education, or has a business office. Two exceptions are security deposit disputes and restrictive covenant disputes, which can be filed in the county where the property at issue is located. The plaintiff must pay a fee at the time the complaint is filed.
The complaint form requires the plaintiff to describe the nature of the claim in plain language. The plaintiff should be certain that he is suing the correct person or entity such as a limited liability company or corporation. The complaint must identify the “registered agent” for an entity, which is a person authorized to accept service of legal papers. Information about entities and registered agents is available at http://www.sos.state.co.us.
Once a complaint is filed, the clerk of the court will complete the form and indicate the date set for trial. The plaintiff must then serve a copy of the complaint on the defendant at least 15 days before trial, or the trial will be rescheduled. The plaintiff can choose to have the complaint served (a) by a person over the age of 18 who is not involved in the case or is not a family member of someone involved in the case; (b) by the sheriff's department; or (c) by having the clerk send the complaint to the defendant by certified mail. Service by certified mail is complete if the defendants accepts or refuses to accept the mailing.
After service, the defendant must file a response and pay a fee on or before the trial date stating in plain language why he believes the complaint is not valid. The defendant's response can include a “counterclaim,” which is a claim against the plaintiff. If a counterclaim is for more than $7,500 the case may need to be transferred out of small claims court to a court that has jurisdiction to hear all the claims.
While a plaintiff in small claims court cannot initiate the case using an attorney, the defendant can choose to be represented by an attorney by filing a notice with the court. The plaintiff is also then permitted to have an attorney. There are other special rules about when attorneys are permitted to appear in small claims court.
When the parties show up for trial, they may first be required to meet with a neutral mediator to discuss settlement. If the parties do not reach settlement, they will proceed to trial, which is typically before a magistrate instead of a judge. The magistrate will permit each side to explain its side of the case. It is important for the parties to be organized and prepared to present relevant evidence. At the completion of the trial, the court may enter judgment against one of the parties. The winning party can then attempt to collect the judgment.
Small claims court provides an effective way of resolving disputes without the parties incurring unnecessary expense. For more information, I recommend reviewing the materials on the court website referenced above.
Noah Klug is principal of The Klug Law Firm, LLC, a general law practice in Summit County emphasizing real estate and business law. He may be reached at (970) 468-4953 or Noah@TheKlugLawFirm.com.
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