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I. STATEMENT OF FACTS <br />The Village Center Association (the "Association ") is a Colorado non - profit corporation that <br />is comprised of the owners of condominium units in the Village Center condominium complex, <br />located in the Town of Vail, Colorado (the "Town "). The Association property is located at 124 <br />Willow Bridge Road, Vail, Colorado 81657, and is immediately adjacent to Gore Creek, which runs <br />through the center of the Town. Record, Tab 3, No. 3, p. 1.' The Town owns the property <br />comprising Gore Creek and the banks of Gore Creek immediately adjacent and to the South of the <br />Association property. Id. The Town's property as so defined shall hereinafter be referred to as the <br />"subject property." The subject property is a known and designated flood hazard zone. Record, Tab <br />4, No. 2, p. 2. <br />The Town is a governmental body that exercises judicial or quasi-judicial functions through <br />the Town Council of the Town of Vail, Colorado ( "Council ") and the Mayor of the Town. Diana <br />Donovan, Chuck Ogilby, Kevin Foley, Rodney Slifer, Greg Moffet, and Sybill Navas were members <br />of the Council at all times pertinent to the events leading to this action and are believed to be current <br />members of the Council. Ludwig Kurz is the current Mayor of the Town and is also a present <br />member of the Council. Mr. Kurz was Mayor and a member of the Council at all times pertinent to <br />the events leading to the filing of this action. The Town Council is vested with the authority, <br />pursuant to § 12- 3 -3(C) of the Vail Town Code, to hear and decide appeals from any decision, <br />determination, or interpretation made by the Planning and Environmental Commission of the Town <br />'Citations to the Record are first tab numbers (1 -4) designated by the Respondents as the <br />sections of the record, item numbers (shown by separate numbered tabs within each of the 4 <br />sections), and page numbers. If a particular item number has pages with text on both sides of the <br />page, each page side is referred to as a separate page number for citation purposes. <br />2 <br />