Federal Court Rules in Favor of Garfield & Hecht, P.C. Client 16:11, September 25, 2015

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Federal Court Rules in Favor of Garfield & Hecht, P.C. Client

Attorneys at the Colorado law firm of Garfield & Hecht, P.C have obtained a favorable judgment for homeowners in Aspen, Colorado. On October 30, 2014, United States Magistrate Judge Boyd N. Boland of the United States District Court for the District of Colorado entered a 20-page order granting summary judgment in favor of Garfield & Hecht, P.C.’s clients. The federal court agreed with Garfield & Hecht, P.C. that a 1957 deed restriction requiring only single-family homes to be constructed on a parcel of land in the Promontory Subdivision in east Aspen should be modified to allow a high-end duplex that has existed since 1979. The ruling resulted in final judgment in favor of the owners of one of the duplex units.

The ruling modifies the single-family deed restriction on the lot, which prior to the ruling had made the duplex unit unmarketable as a result of a $1.4 million diminution in value caused by the never-enforced deed restriction. The federal court adopted Garfield & Hecht, P.C.’s reasoning in applying Colorado law regarding the extinguishment of servitudes such as a restrictive covenant on a parcel of real property after 18 continuous and uninterrupted years of non-enforcement.

The Garfield & Hecht, P.C. team of attorneys Mike Hoffman, Chris Bryan, and Angela Vichick litigated the case through extensive motions practice, written discovery, and depositions.

A copy of the federal court order is here

Aspen Times Article

Garfield & Hecht, P.C. lawyers try cases and prosecute appeals throughout the state and federal courts of Colorado and handle a wide array of matters, including real estate litigation on complex commercial litigation. Inquires about this case, federal trial practice, or other legal disputes may be made to Garfield & Hecht, P.C. attorney Chris Bryan (e-mail: ).