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Jasper Development, LLC v. Lakeshore Broomfield Realty

January 30, 2006

JASPER DEVELOPMENT, LLC. F/K/A THE PARADIGM HEALTH CLUB, LLC, MIA JASPER, AND ROBERT E. JASPER, PLAINTIFFS
v.
LAKESHORE BROOMFIELD REALTY, LLC, DEFENDANT.



The opinion of the court was delivered by: Senior Judge Zita L. Weinshienk

ORDER

This matter was before the Court on January 25, 2006, for oral argument on Plaintiffs' Motion For Judgment On The Pleadings With Respect To Interpretation Of The Parties' Purchase Agreement. The Court heard the arguments and statements of counsel, and made oral conclusions of law which are incorporated herein by reference as if fully set forth. Accordingly, it is

ORDERED that Plaintiffs' Motion For Judgment On The Pleadings With Respect To Interpretation Of The Parties' Purchase Agreement (Doc. # 23), which the Court treats as a motion in limine or a motion for partial summary judgment, is granted. It is

FURTHER ORDERED that "Development Costs," as defined at § 2.2(a) of the Purchase Agreement, means, as a matter of law, the costs incurred by Defendant in completing construction of the Athletic Club in accordance with the first set of construction plans approved by the City of Broomfield Colorado in connection with the building permit that was issued to Defendant. "Development Costs" does not mean the cost to construct the Athletic Club based on the plans that were in existence at the time that the parties executed the Development Purchase Agreement.

DATED at Denver, Colorado, this 27, day of January, 2006.

ZITA L. WEINSHIENK, Senior Judge United States District Court

20060130

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