Docket

Mar 16, 2023

The Docket: Real estate lawsuit roundup for 3.16.23 Adams District Court Robert Hunt v. Thomas Ripp Esq; Boatright and Ripp The plaintiff says that his friend, the defendant Ripp, gave him bad legal advice concerning the $2.7 million sale of undeveloped land, costing him $1.2 million. Filed: 2/28/2023 Delmont Davis v. BFP Plumbing Services dba Doctor Fix-It Plumbing, Heating & Electric The plaintiff claims the defendant was hired to replace an HVAC system at 2178 W. 116th Ave. in Westminster, then did shoddy work and refused to refund the plaintiff. Attorneys: Geri O’Brien Williams and Sean J. O’Brien, Dworkin Chambers Williams York Benson & Evans P.C. Filed: 3/2/2023 Michael Smith; Dawn Smith v. Colorado Home Improvements; David Michael Garcia The plaintiffs say they paid the defendants to build a pool and spa at 1240 Huntington Trails Pkwy. in Westminster but the defendants didn’t do that or refund the plaintiff. Attorneys: Murray Wilkening 23cv30354 Lakes At Dunes Park HOA v. Lakes At Dunes; All Pro Real Estate; All Pro Capital The plaintiff alleges the defendants did defective work at The Lakes at Dunes Park, 11250 Florence St. in Henderson. Attorneys: Michael A. Hearn, Shane D. Fleener, Sean M. Wells, Michael L. Matthews and Amber K. Groves, Hearn & Fleener Filed: 3/13/2023 William Airy v. Schwalb Builders; Sean Schwalb The plaintiff claims he hired the defendants to remodel two bathrooms at 5180 S. Alton Way in Greenwood Village and the defendants never disclosed they are not licensed plumbers, leading to three flooding incidents. The plaintiff seeks $142,956. Attorneys: James W. McQuade, Heckenbach Law P.C. Filed: 2/28/2023 Robinwood Condominiums Association v. Ahbe Group; Russell Boyd; 1 Stop Financial The plaintiff accuses the defendants of misrepresenting the terms of an insurance policy at 18006 E. Ohio Ave. in Aurora, leaving them uncovered after a fire there. Attorneys: Stephen B. Shapiro, Otteson Shapiro Filed: 3/1/2023 David Morris; Tammie Morris v. Muscanto; Michael Hepner, collections agent The plaintiffs say the defendants obtained a lien at 6336 S. Tempe Court in Aurora in a different case and then, after that lien was discharged by bankruptcy, “used white-out or other means to doctor the transcript of judgment” and continued enforcing the lien. Attorneys: Colin E. Moriarty and Jessica Carnes, Underhill Law P.C. Filed: 3/3/2023 23cv30426 Justin Ault; Advanced Exteriors v. Danielle Vail; Universal Lending Corporation; Unison Agreement Corp; Mortgage Electronic Registration Systems; Public Trustee Michael Westerberg Foreclosure of a mechanic’s lien at 5435 S. Gibraltar St. in Centennial due to $28,482 in unpaid labor. Attorneys: Peter L. Towsky and Boyd A. Rolfson, Robinson & Henry P.C. Filed: 3/3/2023 23cv3043 Blazer Electric Supply Management Company v. B & W Electric; 7209 S Clinton; Firstbank; James Hornof; JME Welding Services; Lotus Concepts Management Corporation; SF Construction; Southeast Metro Storm Water Authority; Public Trustee of Arapahoe County Foreclosure of a mechanic’s lien at 7209 S. Clinton St. in Centennial due to $48,434 in unpaid electrical supplies and equipment. Attorneys: Douglas J. Haynes Boulder District Court The Sugar Loaf Fire Protection District v. Sugarloaf Volunteer Fire Department; Terry Hutter; Diana Hutter; all unknown persons claiming an interest in the matter The plaintiff claims that the defendants Terry and Diana Hutter mistakenly gave 1360 Sugarloaf Rd. in Boulder to the defendant Sugarloaf Volunteer Fire Department in 1989 when they meant to give it to the plaintiff, which has a similar name. Attorneys: Chad A. Kupper and Brian L. Allard, Lyons Gaddis P.C. Filed: 3/9/2023 23cv30175 Legend of the South Enterprises dba LSE Builders Group v. 110 Emery Owner; Collegiate Peaks Bank Div of Glacier Bank; Copper Sky Distillery; all unknown persons claiming an interest in the matter Foreclosure of a mechanic’s lien at 110 Emery St. in Longmont due to $276,205 in unpaid labor and materials. Attorneys: John W. Gaddis and Jeffrey R. Rose, Lyons Gaddis P.C. Filed: 3/9/2023 Black Cherry v. Larkburger of Colorado Lease dispute. The plaintiff claims that it leased 2730 S. Colorado Blvd. in Denver to the defendant, which still owes $172,451, plus interest, in back rent. Attorneys: Joshua R. Westberg and Kathryn E. Jackson, Pappas Westberg Hayden & Jackson P.C. Filed: 3/13/2023 Christopher M. Gebhart; Danielle B. Gebhart v. Harmony Hardwoods LLC; Laurie Ann Bitzkowski The plaintiffs say they hired the defendants to install hardwood flooring at 340 N. Albion St. in Denver and the defendants did poor work, leading to gaps in the flooring. Attorneys: Terrence P. Murray and Darrell D. B. Damschen, Murray & Damschen P.C Filed: 2/28/2023 State Farm Fire & Casualty Company, an Illinois corporation v. Royalty Electric LLC The plaintiff claims the defendant caused a house fire at 3526 W. Scott Pl. in Denver. Attorneys: Benjamin J. Migliorino, Cozen O’Connor Filed: 2/28/2023 23cv30642 Anna Gale; Vincent Collins v. Denver Water Board; Department of Transportation and Infrastructure; City and County of Denver; KR Swerdfeder Construction Inc. The plaintiffs say the defendants failed to properly maintain the asphalt outside 3450 Marion St. in Denver, causing their scooters to crash in two separate incidents. Attorneys: Brian C. Petroff, Bachus and Schanker Filed: 2/28/2023 John Sheffield v. Genesis Construction Inc. dba Genesis Total Exteriors The plaintiff, owner of a 120-year-old home at 624 and 628 S. Ogden St. in Denver, accuses the defendant of doing shoddy work on the roof and interior there. Attorneys: Darrell D. B. Damschen and Terrence P. Murray, Murray & Damschen P.C. Filed: 3/2/2023 Board of Governors of Colorado State University System v. Growling Bear Company Inc. The plaintiff says it hired the defendant “to revitalize the Industrial Sciences Building on the campus of Colorado State University in Fort Collins” but overpaid $164,000 to the defendant, which hasn’t reimbursed the university. Another case involving the same project resulted in a five-day bench trial Feb. 13-17; a verdict has not been rendered. Attorneys: Philip J. Weiser and J. Greg Whitehair, Colorado Department of Law Filed: 3/2/2023 23cv30683 Aquaworks Construction Inc. v. Travis McAfoos; Kerri McAfoos; 2700 East Cedar LLC; Wells Fargo Bank NA; public trustee of Denver County Foreclosure of a mechanic’s lien at 2700 E. Cedar Ave. in Denver due to $62,420 in unpaid labor and materials for the construction and installation of a pool and spa. Attorneys: David B. Law and Noel P. Trujillo, Miller & Law P.C. Filed: 3/2/2023 23cv30677 Tung Chan, securities commissioner for the state of Colorado v. Joseph Libkey Jr.; Blueprint Investment Group LLC; Blueprint OZ Fund LLC; BP Antlers OZ LLC The plaintiff accuses the defendants of committing securities fraud by raising millions of dollars from investors in real estate projects, including Roth Park Place in Federal Heights and an apartment conversion development in Colorado Springs, without disclosing that they had defaulted on past loans and were being sued. Attorneys: Robert W. Finke and Brianna S. Rancher, First Assistant Attorneys General Filed: 3/6/2023 Bernida Chapman; Adam Chapman v. Schwalb Builders LLC The plaintiffs say they hired the defendant to do construction work at 6873 E. Eastman Ave. in Denver after the defendant falsely claimed it was licensed. The defendants didn’t do the work, the plaintiffs sued in a separate case, the defendants settled that lawsuit and then their settlement check bounced, according to the plaintiffs. Attorneys: David P. Hutchinson, Otten Johnson Robinson Neff & Ragonetti P.C. Filed: 3/6/2023 Shaw Builders LLC v. S&R Mechanical Inc.; Stephen M. Wegman The plaintiff accuses the defendant subcontractors of doing shoddy plumbing work on the MorningStar at Observatory Park, an assisted living facility at 2100 S. Josephine St. in Denver, and the 1250 S. Pearl Apartments in Denver. Attorneys: Julie M. Walker and David S. Manush, Ireland Stapleton Pryor & Pascoe P.C. Filed: 3/7/2023 Ridge Construction Inc. v. Done Right By Daniel LLC Motion to substitute a $6,982 bond for a $4,655 mechanic’s lien at 2168 S. Bannock St. in Denver. Attorneys: Terry Ehrlich and Jean C. Arnold, Arnold & Arnold Filed: 3/7/2023 2023CV30727 Rockies Environmental & Demolition Services Inc. v. 240 S. Monaco PKWY (Denver) Owners LLC, a Delaware limited liability company; Rapid Restoration & Construction Inc.; public trustee of the City and County of Denver The plaintiff says it did asbestos remediation and other work at 240 S. Monaco Pkwy. in Denver and is still owed $435,538 by the defendants. Attorneys: Christopher H. Wisher, Wisher Law Filed: 3/7/2023 23cv30725 Kenny Electric Services Inc. dba Kenny Electric v. JBN Albion LLC; RG Brinkmann Company PC, a Missouri Company; Firstier Bank-Nebraska Corp dba Firstier bank; Silverback Ironworks LLC; Public Trustee of Denver County Mechanic’s lien foreclosure at 1122 N. Albion St. in Denver due to $408,734 in unpaid electrical work. Attorneys: John S. Zakhem and Diane O. Long, Jackson Kelly Filed: 3/8/2023 T Lazy W Park LLC v. Department of Local Affairs, Division of Housing The plaintiff, which calls itself a “seasonal recreational community” at 10553 U.S. Highway 34 in Grand Lake, says the defendant has wrongly labeled it a mobile home park, which “threatens to destroy the recreational community.” Attorneys: Colin E. Moriarty and Jessica L. Carnes, Underhill Law P.C. Filed: 3/8/2023 Nicole Champine; Lawrence Champine v. DEN21G LLC dba Thomas J. Homes The plaintiffs, owners of 1462 S. York St. in Denver, say the defendant, owner of 1452 S. York St., has moved the barrier between their properties and blocked their driveway. Attorneys: Nicole Champine 23cv30753 Carrie Koenig; Todd Koenig; CK and IK, minor children v. Robinson & Henry; Ryan S. Robertson; Donald Eby The plaintiffs purchased 27199 Sun Ridge Dr. in Evergreen, discovered mold and then sued the seller. In this second lawsuit, they accuse the defendant lawyers and law firm of committing legal malpractice in that first case by failing to do basic discovery. Attorneys: Nikolas M. Sulley and R. Keith Fuicelli, Fuicelli & Lee P.C. Filed: 3/10/2023 23cv30771 Diana N. Wilkins; Todd C. Wilkins v. Epic Remodeling and Restoration LLC dba Epic Remodeling & Restoration Motion to substitute a $3,910 bond for a $2,607 mechanic’s lien at 1385 Glencoe St. in Denver. Attorneys: Reagan Larkin and Jean M. Peterson, Messner Reeves Filed: 3/10/2023 Scott Sanders; the Sanders Family LLC v. Northwestern Builders Inc. dba North West Roofing Inc. The plaintiffs, owners of five single-story office buildings in Denver, say they paid the defendant $52,000 to repair a roof at 4705 N. Paris St. and the roof leaked on numerous occasions after the project was completed. Attorneys: David J. Adams, Dave Adams Law Filed: 3/13/2023 Edward C. Levy Company v. Board of County Commissioner of Douglas County Colorado The plaintiff, a Michigan company that owns a former gravel quarry in Castle Rock, says that in 2000 it agreed to give part of its land to the county for use in the Cherry Creek Trail System but, 23 years later, the county has failed to comply with that agreement. Attorneys: Murray I. Weiner, Mulliken Weiner Berg & Jolivet P.C. Filed: 3/7/2023 23cv30194 Larkspur Station Mobile Home Community v. Karen Armbruster; Larry Armbruster; Wells Fargo Bank; Douglas County Public Trustee; all unknown persons claiming an interest in the matter The plaintiff, owner of 9669 Spruce Mountain Rd. in Larkspur, wants a judge to order its neighbors to maintain a driveway that runs through the property. Attorneys: Trevor J. Young and Olivia M. Urso, Mulliken Weiner Berg & Jolivet P.C. Filed: 3/8/2023 Shirley Dolsby; Michael Dolsby v. Woodward Homes; Patrick Woodward; Delbert Woodward The plaintiffs, owners of 7365 Cameron Circle in Larkspur, say the defendants did shoddy work and failed to honor a warranty at the property. Attorneys: Lindsay J. Obert, Tri-Lakes Legal Filed: 3/9/2023 MBTT v. Mynd Management dba Mynd Property Management; Innovative Construction Services The plaintiff claims that after it hired the defendants to manage property and repair decks at 109 N. Harlan St. in Lakewood, the defendants let tenants live there rent-free. Attorneys: Anthony L. Leffert and Samuel G. John, Robinson Waters & O’Dorisio P.C. Filed: 3/1/2023 McCauley Constructors v. CSI Financial; Bedrock Excavating Corp Motion to substitute a $829,011 bond in place of a $552,674 mechanic’s lien at 501 McIntyre St. in Golden. Attorneys: Tamir Goldstein and Chelsea Reinhard, Sherman & Howard Filed: 3/2/2023 Bear Creek TIC v. Geek Out Cafe; Emily Bonadore; Benjamin Bonadore Lease dispute. The plaintiff says it leased 3220 S. Wadsworth Blvd. in Lakewood to the defendants, who abandoned the property in August 2022 and owe more than $12,255. Attorneys: James B. Lapin, Robinson Waters & O’Dorisio P.C. Filed: 3/6/2023 The Consolidated Mutual Water Company v. The Rocky Mountain Water Company The plaintiff operates a reservoir that receives water from the Rocky Mountain Ditch, which was built in the 1860s on land now owned by Coors Brewing Co. The plaintiff says Coors’ subsidiary, the defendant, has blocked necessary improvements to the ditch since December. It seeks a court order allowing it to remove pedestrian bridges and detritus. Attorneys: Evan D. Ela, Joseph W. Norris and Harley G. Gifford, Cockrel Ela Glesne Greher & Ruhland P.C. Filed: 3/10/2023 Peak Ten Construction v. Lexicon dba Heritage Links The plaintiff claims that the defendant was hired by the City of Lakewood to improve the Fox Hollow Golf Course at 13410 W. Morrison Rd. and then hired the plaintiff to build two pumphouses there but never paid the defendant $79,995 that it is owed. Attorneys: Christopher H. Wisher, Wisher Law Filed: 3/13/2023