The Henns sued the Residences in Pitkin County District Court in February 2009, citing, among other alleged grievances, damaged caused to their new property by the construction process. Allegedly, the Residences’ 80-foot-deep excavation in the side of Aspen Mountain caused stability issues for the Henns’ property. Other homeowners on the hill above the Residences have filed similar suits.
ASPEN REAL ESTATE – A legal action against the city of Aspen by homeowners up the hill from the Residence at The Little Nell on Thursday was removed from the municipal realm, where it had been the subject of bureaucratic wrangling for months.A hearing scheduled for Thursday before the Aspen-Pitkin County Board of Appeals and Examiners on whether the Residences at Little Nell should have been granted a certificate of occupancy (CO) never happened, as the plaintiffs and the city agreed to a last-minute stipulation allowing the board to find no fault with the building department, clearing the way for another round of litigation. The case stems from a suit filed last year by Preston and Betty Henn of Ft. Lauderdale, Fla., who traded a home they owned for 18 years, which was demolished to make way for the Residences, for another property just uphill from the Residences site.
By Curtis Wackerle, Nov. 12, 2010 Aspen Daily News