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The 10th Circuit Court of Appeals this week affirmed the dismissal of a lawsuit against the city of Aspen that challenged its zoning laws concerning a parcel of commercial space with locally serving businesses. The three-judge panel delivered its 31-page ruling Tuesday, upholding Chief U.S. District Court Judge Philip Brimmer’s March 2020 dismissal of the suit levied by North Mill Street LLC, a Mark Hunt-controlled limited liability company that owns Mill Street Plaza. Like Brimmer, the panel concluded the LLC’s suit wasn’t “ripe” for litigation because Hunt, a developer with multiple commercial properties peppered through downtown Aspen, didn’t exhaust the city’s land-use approval process by seeking a planned development review. The LLC, however, unsuccessfully tried to rezone the property so free-market apartments could be built at the plaza, which is located across Puppy Smith Street from the Clark’s Market shopping center.

City of aspenUnited statesChris bryanGarfield hechtCircuit courtUs district courtAspen city councilCourt judge philip brimmerNorth mill streetMark hunt controlledMill streetPuppy smith streetJim trueTenth circuitCity councilAspen city