“The city of Aspen confiscated the public right of way for the benefit of one developer…and acted to the…unfair detriment of adjacent landowners and the public,” the complaint reads.

ASPEN REAL ESTATE – Local landowners upset about City Hall’s removal of two on-street parking spaces outside their home will have their day in court Monday.Part-time residents Harvey and Diane Birdman of Aspen and Aventura, Fla. sued the city of Aspen in 2009 when parallel parking spaces outside their residence at 918 S. Mill St. were removed — in 2007 — in conjunction with the “Top of Mill” residential project. That development contains 13 free market condos and four affordable housing units at the foot of Aspen Mountain. The suit demands that the city return the parking spaces. Aspen City Council had no interest in settling the case, City of Aspen special counsel Jim True said, so there will be a hearing before Judge James Boyd on Monday morning at the Pitkin County Courthouse.
By Curtis Wackerle, Dec. 3, 2010 Aspen Daily News

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