Craig Nassi and the Beauvallon Corp, original owners of the beleaguered Beauvallon building, won a round in the Colorado Court of Appeals -- where, last week, a three-judge panel reversed the findings of Denver District Court Judge Norm Haglund and tossed a verdict worth more than a million to Matrix Fitness.
Matrix Finess had sued the Beauvallon owners for promising exclusive use of 150 parking spaces for its customers, but only delivering on 75 exclusive and 75 shared spaces. Ruling in favor of Matrix in the summer of 2009, Haglund came up with his million-plus in damages based on how much Matrix could have made subleasing those 75 spaces (at $130 each per month) -- but the Court of Appeals judges determined there was nothing in the lease that would have allowed the spots to be subleased.
"We conclude that the lessee did not provide competent evidence of its damages and, thus, failed to prove its claim," Judge Russell Carparelli wrote for the court.
This was far from the only legal action involving Nassi, a developer who's no longer focusing on projects in Denver; Lisa Rab outlined some of the complaints in this January 2009 Westword cover story. For most of last year, much of the building was kept under wraps while repair work was done.
Read the full Court of Appeals decision here:
More about the Beauvallon: "Craig Nassi changed Denver's Golden Triangle, but not everything is sparkling."
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