Keating Wagner attorney Aaron Goldhamer, on behalf of his client Powderhorn Land, LLC, filed suit on August 24, 2023, seeking a receivership over a planned fifty-two-unit development in Evergreen. BusinessDen, in two separate news items,* covered the lawsuit, which also asserts a breach of contract claim.
Brian Roberts, an accomplished real estate developer and owner of Powderhorn, bought several acres of land in Evergreen, Colorado, on the hillside above Safeway. Following Roberts’ successful rezoning and entitlement of the land, Powderhorn conveyed the tract to Pinecrest Townhomes, LLC, in exchange for cash and a membership interest in Pinecrest. Jason Brown is the manager of Pinecrest and also controls the prime contractor at the project, Ascent Builders.
As alleged in the Complaint, Mr. Brown’s actions and inactions as manager have materially impaired Powderhorn’s profit interest in the project. Although construction has been underway since late 2020 and was originally scheduled to wind down in 2023, only eight of the units have been completed and sold.
Moreover, Pinecrest is in litigation with the downhill liquor store related to significant volumes of water and mud that the liquor store alleges migrated from the Pinecrest construction site and damaged the liquor store, forcing its closure. Roberts alleges that he had specifically informed Brown of the need to implement a hold down plan, stabilize construction areas where soil had been disturbed, and to construct the required retaining walls, drainage ditch improvements, and stormwater management facilities.
Additionally, Pinecrest has faced numerous legal threats from buyers related to delays in closing on their homes and alleged warranty issues. Pinecrest has also faced mechanic’s liens at the project.
Although Powderhorn and Brian Roberts are heavily invested in the neighborhood’s success, their present lack of control over Pinecrest prevents them from implementing best practices in the development.
Powderhorn and Roberts Hire Attorney Aaron Goldhamer
Given the Pinecrest project’s performance to date—and with millions of dollars on the line—Roberts and Powderhorn turned to Keating Wagner’s Aaron Goldhamer to pursue legal options.
Backed by Goldhamer’s reputation for achieving desirable results both in and out of the courtroom and years of experience, Powderhorn filed case number 2023CV31130 in Jefferson County District Court. The Complaint requests that Judge Tamara Russell appoint a receiver, in place of Mr. Brown, to run Pinecrest due to “the ineptitude of the manager and his construction company.”
Powderhorn is bringing the case not only to protect its materially impaired income interest, but to help address public health and safety concerns and ensure that Pinecrest does right by its obligations to homeowners, neighbors, and Jefferson County.
About Aaron Goldhamer
Aaron Goldhamer is a seasoned business litigation attorney representing individuals, large and small businesses, and non-profit organizations in Colorado civil cases. He received Colorado Super Lawyers recognition in 2022 and 2023 and is listed in The Best Lawyers in America® in Colorado for Commercial Litigation (2022-2024). In addition to having substantial experience with receivership matters, Goldhamer has handled numerous business divorces, disputes between business partners, and other complex commercial litigation. He also handles probate litigation and plaintiff-side professional liability matters.
*After BusinessDen’s initial publication of the above-described story, Powderhorn, through counsel, requested corrections, not all of which were made. Neither Powderhorn nor Aaron Goldhamer nor Keating Wagner Polidori Free, P.C., adopts any statement made by BusinessDen.