News
Dormant Commerce Clause Can Restrict Short-Term Rental Restrictions
The United States Constitution gives Congress the power to regulate commerce between the states.[1] For more than 150 years, the United States Supreme Court has recognized that grant of power to contain a silent, negative implication known as the “Dormant Commerce...
Highlights of Important Upcoming Changes to the City of Aspen’s Land Use Code
By Mary Elizabeth Geiger, Garfield & Hecht, P.C. Owners and potential purchasers of real property in Aspen city limits should be aware that the City of Aspen is overhauling its Land Use Code (the “Code”) effective August 8, 2022 with regard to redevelopment of...
Here We Go Again! The Colorado Legislature Adopts Changes to the Colorado Common Interest Ownership Act
By Tracy L. Kinsella, Garfield & Hecht, PC There are five new pieces of legislation that were signed into law which affect both pre and post CCIOA Homeowners Associations and common interest communities. The new laws relate to: (1) enforcement; (2) access to...
Colorado’s Open Meetings Statute Applied to One-On-One Informal Discussions
By: Christine Gazda, Garfield & Hecht, P.C. Meetings of local public bodies are governed by the Colorado Open Meetings Law (“OML”). C.R.S. § 24-6-401 et seq. Though amended over the years, the purpose of the OML has remained constant – “that the formation of...
U.S. Supreme Court Clarifies Meaning of “Mistake” in Federal Rules of Civil Procedure
By Christopher D. Bryan, Garfield & Hecht, P.C. On June 13, 2022, the United States Supreme Court released its decision in Kemp v. United States,holding, 8-1, that the term “mistake” in Federal Rule of Civil Procedure 60(b) includes judges’ errors of law. This...
Employer Provided Housing: An Option Worth Considering in a Tight Housing and Employment Market
By Kelcey Nichols Garfield & Hecht, P.C. The lack of attainable housing in Colorado’s mountain towns has generated a plethora of news, litigation and controversy. In June 2021, the Town of Crested Butte declared a local disaster emergency over the lack of...
Colorado Appellate Court Clarifies Liability in Construction Defect Cases
By: Jason Buckley, Garfield & Hecht, P.C. In construction defect cases, plaintiffs often allege claims of liability under many theories, including breach of contract, negligence, breach of warranty, misrepresentation, and fraud. In Dream Finders Homes, LLC v....
Buyer Beware: FIRPTA
By John D. Belkin, Garfield & Hecht, P.C. The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) imposes a tax on capital gains recognized by foreign persons from the sales of real property interests located in the United States. Where the seller...
Chris Bryan Re-appointed to Judicial Performance Commission
By Ron Garfield, Garfield & Hecht, Aspen, Colorado On November 8, 2021, Colorado Speaker of the House Alec Garnett re-appointed Garfield & Hecht, P.C. attorney Chris Bryan to the Judicial Performance Commission for the Ninth Judicial District of Colorado. The...
Colorado Common Interest Ownership Act – 2021 Legislative Update
By Tracy Kinsella, Garfield & Hecht, P.C. Avon, Colorado Governor Polis signed HB 21-1229 into law on July 2, 2021. This bill titled “Concerning Increased Protections for Unit Owners in the Governance of Unit Owners’ Associations under the Colorado Common Interest...
