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Colorado Court of Appeals Decision Reinstitutes Appeal Status for Gateway Plaza Building Zoning Case

  • 1 March 2017

The Colorado Court of Appeals has reversed a lower court’s ruling that had denied appeal of a finding by the Town of Vail that allowed a medical office as a professional office use in the Gateway Plaza Building, located at 12 Vail Road.

The Vail Gateway Plaza Condominium Association had attempted to appeal the town’s initial determination that the use of the Arthrex unit was proper under the town’s zoning regulations. The association’s challenge occurred after the town had issued a building permit to Arthrex in September 2011. In January 2012, the town ultimately denied the appeal as untimely pursuant to town code.

The association then filed suit in Eagle County District Court seeking a review of the town’s ruling as well as a declaratory judgment that: 1) the appeal was timely, 2) the town deprived the plaintiff of procedural due process, 3) the town’s classification of the Arthrex use was erroneous and; 4) Arthrex’s use of the unit was not that of a “professional office.”

In May 2013, the Eagle County District Court found the association’s appeal of the town’s administrative decision was untimely and the association’s claim was dismissed. The association then filed an appeal with the Colorado Court of Appeals. A written opinion issued on Feb. 2 reversed the District Court ruling, remanding the case to the Town of Vail for further proceedings on whether the association’s appeal was timely. 

The town is now reviewing the opinion and will schedule follow up proceedings as directed by the court.

Contact: Patty McKenny, 970-479-2136
Vail Town Clerk




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