Aspen Mountain land owner company is fighting legal battle to develop home about one mile outside ski area boundary…Aspen Mountain is a patchwork of private and public lands. The county has traded many of the mining claims it acquired after the silver crash of 1893 to the U.S. Forest Service. The rezoning of significant portions of private land in the 1990s and 2000s reduced the development potential.
ASPEN PITKIN COUNTY REAL ESTATE — A company that purchased land on Aspen Mountain from Ed Smart in 2004 is waging a legal battle against Pitkin County and several other parties to try to earn development rights for a home about a mile outside of the ski area.Imago LLC is fighting the legal battle on two fronts. It claims its 50 acres on a prominent point overlooking Castle Creek Valley were inappropriately rezoned by Pitkin County in 2005 from AF-10 to rural and remote, significantly shrinking the size of development that is allowed.Imago filed a second lawsuit in late July against Pitkin County, the Aspen Skiing Co. and multiple individuals to try to gain legal access from Summer Road on Aspen Mountain to its landlocked mining claims.The issues are linked in an important way, according to Imago attorney Ray Wall of Stillwater, Okla. The county wouldn’t review Imago’s development application in 2005 because it ruled the owners couldn’t prove they had adequate access to their land, he said. The county then rezoned a significant amount of land on Aspen Mountain and Richmond Ridge to rural and remote, including the mining claims owned by Imago.
By Scott Condon, August 19, 2010 Aspen Times