Plans to file a lawsuit against the city of Aspen for allowing the Residences at Little Nell at the base of Aspen Mountain to be occupied are on hold, for the moment, while attorneys discuss the problems a nearby homeowner is having with construction of the project. “At present there is no legal action; it’s been considered and it’s on hold as we’re talking to the developer and the city,” said Matt Ferguson, an attorney with Garfield & Hecht, who is representing homeowner Preston Henn, on Wednesday. “That could change but it won’t change within the next two days.”Ferguson presented the city with an open records request on Monday that asks for all correspondence and documentation related to the conditional certificate of occupancy the city granted the Residences at Little Nell on Nov. 30. He wants to study the information provided, he said, to determine “if it impacts our rights” and to try to come to a settlement.
By Catherine Lutz, Jan 8, 2009, Aspen Daily News

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