HomeMy WebLinkAboutattorney letter01-19-'10 16:10 FROM-
T-050 P001/003 F-301
LOW SHAIMAN JACOBS HYMAN & FEIGER PC
ATTORNEYS AT LAW
900 CHERRY TOWER
950 SOUTH CHERRY STREET
DENVER, COLORADO 60246-2666
FACSIMILE 303.753.9997
TELEPHONE 303.753.9000
www.lohfshaiman.i;g
FAX COVER SKEET
CONFIDENTIAL FOR ADDRESSEE ONLY
DATE: January 19, 2010
TO: Town of Vail,
Community Development Dept. FAX NUMBER: 970/479-2452
Bob Narracci, Planning Manager FAX NUMBER: 970/328-7185
Dan Stanek, Chief Building Official
FROM: Stephen E. Kapnik
RE: 288 Bridge Street; Part of Lot C and Lot D, Block 5A (Rucksack Condominiums)
PAGES: 3
MESSAGE: Please see letter which follows.
The information contained in this facsimile message is information protected by attorney-client and/or the attorney/work product privilege. It
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01-19-'10 16:10 FROM-
T-050 P002/003 F-301
LOW SHAIMAN JACOBS HYMAN & FEIGER PC
ATTORNEYS AT LAW
January 19, 2010
Town of Vail
75 South Frontage Road
Vail, CO 81659
Att'n: Community Development Department
Via First Class Mail and
Facsimile: (970) 479-2452
Bob Narracei, Planning Manager
Dan Stanek, Chief Building Official
Eagle County
500 Broadway - Box 850
Eagle, CO 81631-0850
Via First Class Mail and
Facsimile: 970-3287185
Re: 288 Bridge Street; Part of Lot C and Lot D, Block 5A
Vail Village Filing No. 1 (the "Rucksack Condominiums")
Gentlemen:
900 CHERRY TOWER
950 SOUTH CHERRY STREET
DENVER. COLORADO 80246-2666
FACSIMILE 303.753.9997
TELEPHONE 303.753.9000
w .Io
STEPHEN E. KAPNIK
We represent Margo Mullally ["Mullally" who as Trustee of the Martin J. Mullally Credit Trust
and Yvonne Mullally Survivor's Trust, is the owner of Unit R-2 of the Rucksack Condominiums
in Vail. We also represent William and Debora Gardiner [the "Gardiners" the owners of Unit
R-1 in the-Rucksack Building. We are informed that Mr. Jeffrey Selby sometimes refers to this
building as the "Bridge Street Building."
We have also been informed that Mr. Selby, acting either in his individual capacity or in
cort unction with Bridge Street Building, LLC, or as President of The Rucksack Condominiums,
Inc. [the Rucksack Building's homeowner's association, or the'TIOA'] has submitted or intends
to submit a revise plat for the Rucksack Condominiums and related real property.
Please be advised as follows;
1. Mullally and the Gardiners have filed Civil Action 08-CV-217, now pending in
the District Court for Eagle County, against Mr. Selby and Bridge Street Building,
LLC [collectively, for convenience only, "Selby").
01-19-'10 16:11 FROM-
Vail Community Development Department
Bob Narracci
Dan Stanek
Re: Rucksack Building
January 19, 2010
Page 2
T-050 P003/003 F-301
2. A copy of the "Second Amended Complaint Including Supplemental Averments
and Claims" [the "Complaint"] is attached for your information.
3. Among the Claims in the Complaint are that (1) Selby, despite his nominal title as
president and / or Director of the HOA, does not have the right to act on behalf of
the HOA; (2) under the Rucksack Condomium Declaration and related
documents, Selby does not have sufficient voting control to act on behalf of the
Rucksack Condominiums or the HOA without approval of our clients; and (3) our
clients are entitled to a declaration that Mr. Selby lacks authority to implement
any redevelopment plans without our clients' consent and participation, and
injunctive relief and damages. Trial in the case is scheduled for April 12, 2010.
4. Selby has not shared with, let alone received the approval or cooperation of our
clients for his proposed replat or redevelopment plans. Accordingly, he does not
have the authority to replat or redevelop the Rucksack Building.
5. Our clients object in the strongest terms to your consideration or approval of any
such replat or redevelopment plan, or any further submission by Selby relative to
remodeling, replatting, or redeveloping the Rucksack Building.
Finally, inasmuch as our clients have never seen a copy of Selby's proposed replat or
redevelopment plans, we hereby request on their behalf copies of any permits, plats, or
redevelopment plans for the Rucksack Building submitted by Selby. Please fax [to
303.753.9997] or entail [to skapnik@lohfsheiman.com] copies of same so that they will be aware
of their contents. We will of course pay any costs associated therewith.
Thank you for your anticipated cooperation. Please feel free to contact me with any questions.
Very truly yours,
Step en E. Kapnik
SEK/rs
Enclosure
cc: Clients (w/o enclosure)
Randall Livingston, Esq. (w/o enclosure)