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GRAND JUNCTION, Colo.—A judge has been asked to decide which side won a close election on whether to allow construction of condominiums and a recreation center in the resort community of Mountain Village.

The project was approved May 22 on a 294-292 vote, but final results were delayed by a recount after the initial tally showed a 293-293 tie.

After the recount, a lawsuit challenged the validity of 18 ballots cast by part-time residents of the community near Telluride.

Part-time residents may vote if they own at least 50 percent of a property in the town and have it their name. The lawsuit questions whether those 18 voters met the requirements.

District Judge James Schum is expected to rule in about 20 days, Mayor Rube Felicelli said.

“The town’s position is that we are not contesting this and will let a judge decide,” Felicelli said. “Whatever he decides we will go with.”

The condominiums and public recreation center would be part of the same 500,000-square-foot complex.

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