Aspen Grove Condo. Assn. v. CNL Income Northstar

Filed 10/3/14 Certified for Publication 11/3/14 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Placer) ----

ASPEN GROVE CONDOMINIUM ASSOCIATION,

Plaintiff and Respondent, C073530

v. (Super. Ct. No. SCV0023959)

CNL INCOME NORTHSTAR LLC et al.,

Defendants and Appellants.

This appeal concerns a water retention basin that was dug in 2004 as part of an expansion project for Northstar Village, a ski resort. The ski resort is owned by CNL Income Northstar LLC and operated by Trimont Land Company (sometimes collectively referred to as CNL). The retention basin was deemed necessary because the expansion project changed the drainage system that diverted storm and snow runoff from approximately 149 acres of developed property. Nearby and downhill from the retention basin are 180 condominium units owned by Aspen Grove Condominium Association (Aspen Grove). Water from the retention basin began to overflow and seep onto Aspen Grove’s property starting in December 2004 and continuing thereafter despite remediation efforts. After several years of attempts…