*1 Case 1:05-cv-00798-ZLW-BNB Document 30 Filed 01/30/06 USDC Colorado Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk Civil Action No. 05 cv 00798 ZLW BNB
JASPER DEVELOPMENT, LLC. f/k/a THE PARADIGM
HEALTH CLUB, LLC,
MIA JASPER, and
ROBERT E. JASPER,
Plaintiffs
v.
LAKESHORE BROOMFIELD REALTY, LLC,
Defendant. _____________________________________________________________________
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 *2 Case 1:05-cv-00798-ZLW-BNB Document 30 Filed 01/30/06 USDC Colorado Page 2 of 2
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.
BY THE COURT: __________________________________ ZITA L. WEINSHIENK, Senior Judge United States District Court 2