Opponents of the Boomerang affordable housing complex filed a lawsuit Wednesday in Pitkin County District Court challenging the recent Aspen City Council decision to move the project forward.
The lawsuit claims a lack of due process concerning details the city’s Community Development Department drafted just a few hours before the July 25 public hearing and final vote on the issue.
It also states that the council “abused its discretion and exceeded its jurisdiction” by rezoning the West Hopkins Avenue property where the 40-unit development would be located.
The lawsuit asks for a court declaration that the ordinance allowing the Boomerang project is “void and unenforceable.”
The plaintiffs are neighbors of the property: Staspen LLP, represented by Steve Goldenberg of 430 W. Hopkins Ave.; Daniel Verner of 432 W. Hopkins Ave.; and the Christiana Aspen Condominium Association.
Defendants named in the suit are: Aspen FSB-ABR LLC, the Delaware company developing the project; the city of Aspen; and the four members of the City Council, along with Mayor Mick Ireland.
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