United States District Court, D. Colorado
J. LEE BROWNING BELIZE TRUST, Plaintiff,
BRUCE LYNTON, STEVE DAUBENMIER, and DONALD MILLER, Defendants.
MEMORANDUM OPINION AND ORDER
Y. Wang United States Magistrate Judge
matter is before the court on Defendants Bruce Lynton, Steve
Daubenmier, and Donald Miller's (collectively,
“Defendants”) Motion for Summary Judgment (or
“Motion”), filed September 4, 2018.
[#56]. This civil action was referred to the
undersigned Magistrate Judge to fully preside over for all
purposes. See [#29; #30]; 28 U.S.C. § 636(c);
Fed.R.Civ.P. 73; D.C.COLO.LCivR 72.2. The court concludes
that oral argument will not materially assist in the
resolution of this Motion. Accordingly, upon review of the
Motion and associated briefing, the entire case file, and
applicable case law, the court GRANTS the
Motion for Summary Judgment.
court draws the following material facts from the record
before it; these material facts are undisputed for purposes
of the instant Motion.
June 2014, Plaintiff J. Lee Browning Belize Trust
(“Plaintiff” or “Belize Trust”) owned
a condominium unit (the “Unit”) with the legal
description of: Condominium Unit 1-A, Aspen Inn Apartments,
Now known as Aspen Mountain Condominiums according to the Map
thereof recorded November 30, 1972 in Plat Book 4 at Page 332
as Reception No. 155597 and as further defined and described
in Condominium Declaration for Aspen Inn Apartments recorded
November 30, 1972 in Book 269 at Page 312 as Reception No.
155596. See [#38 at ¶ 15, #56-2; #61; #70 at
all times relevant hereto, Bruce Lynton, Steve Daubenmier,
and Donald Miller have served as members of the Board of
Directors of the Aspen Mountain Condominium Association
(“AMCA”). See [#38 at ¶ 5; #48 at
¶ 5; #70 at ¶ 3].
AMCA is the homeowner's association for the Aspen
Mountain Condominiums. See [#38 at ¶ 4; #48 at
¶ 4; #70 at ¶ 4].
all times relevant hereto, Aspen Resort Accommodations has
served as the property management company for the AMCA.
See [#70 at ¶ 5].
or about June 6, 2014, a plumbing system back-up occurred at
the Unit, causing damage to the Unit that Plaintiff
remediated; this was the fourth alleged back-up. See
[#38 at ¶¶ 3, 16; #48 at ¶¶ 3, 16; #70 at
¶ 2; #71-3 at 9-10, 12, 15].
Sometime following the June 2014 sewage back-up, Plaintiff
intended to list the Unit for sale, see [#38 at
¶ 19], and then listed the Unit for $1, 425, 000,
May 4, 2015, Plaintiff initiated a civil action in the United
States District Court for the District of Colorado against
AMCA, seeking damages from AMCA for the sewage backups under
a strict liability theory. See J. Lee Browning Belize
Trust v. Aspen Mountain Condominium Association, Inc.,
Civil Action No. 15-cv-00945-NYW [ECF No. 1]. On June 23,
2017, the undersigned granted summary judgment in favor of
AMCA because Plaintiff failed to identify and prove a
cognizable claim against AMCA, see Id. at [ECF No.
85]; judgment entered in favor AMCA and against Plaintiff on
June 27, 2017, see Id. at [ECF No. 86]. No. appeal
August 17, 2016, Plaintiff initiated the instant action
against Defendants, asserting that Defendants, as officers of
the AMCA, breached their fiduciary duties owed to Plaintiff
by “deliberately fail[ing] and refus[ing] to make a
definitive repair” to the sewage disposal and drain
line(s) that are the alleged cause of the sewage back-ups and
for tortuously interfering with Plaintiff's
contracted-for services of Roto-Rooter Plumbing & Drain
Service to remediate the sewage back-up-all for
Defendants' individual economic self-interests.
See [#38 at ¶¶ 6-7, 11-14, 23-24, 31-42,
51-53]. Though styled as claims, Belize Trust
seeks injunctive relief in the form of requiring AMCA to
repair the sewage disposal and drain line(s); compensatory
damages for the costs of repairing the sewage disposal and
drain line(s), the costs for “temporary lodging,
temporary repairs[, ] and other expenses caused by the June
2014 blockage and backup, ” and for loss of fair market
value of the Unit in an amount no less than $500, 000; and
exemplary damages. See [id. at ¶¶
or around June 2018, Plaintiff sold the Unit to a third party
for $1, 250, 000. See [#56-2].