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The Vail Town ߣÏÈÉú on Tuesday unanimously approved a settlement agreement with Vail Resorts, resolving the years-long litigation effort surrounding Vail Resorts’ effort to develop the Booth Heights area in East Vail.

Vail Resorts agreed to drop all appeals regarding the town’s eminent domain acquisition of the Booth Heights as a result of a new partnership to develop West Lionshead that will include incremental workforce housing. The town seized the land to protect a native bighorn sheep herd that grazes in the area.

In exchange, the town has agreed to prioritize the redevelopment of the West Lionshead area, partnering with Vail Resorts to support the development of a base village on the site. The village is anticipated to feature access to Vail Mountain along with new lodging, restaurants, boutiques, and skier services as well as community benefits such as workforce housing, public spaces, transit and parking.

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East West Partners, whose founder and chairman is former Vail Associates President Harry Frampton, will be the developer on the West Lionshead site.

“After a master plan is completed, East West Partners and Vail Resorts will then pursue the entitlement process for the West Lionshead base village,” according to the agreement. “As the developer, East West Partners brings expertise in balancing economic, environmental, and social responsibilities, along with a proven track record of bringing successful projects to life in premier mountain communities.”

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Vail Mayor Travis Coggin, who grew up in Vail, said the plan represents a shared goal for all parties involved.

“We are in an era of renewed collaboration between the town and Vail Resorts,” Coggin said. “The entire Vail Town ߣÏÈÉú and I are excited to partner with Vail Resorts and East West Partners in a process to enable this exciting new base village for Vail Mountain, which will bring significant benefits to our guests and community.”

Vail Town ߣÏÈÉú member Jonathan Staufer, who was also raised in Vail, referenced the town and the resort company’s history in his comments before approving the resolution.

“During Vail’s brief history, we’ve had issues we disagreed about, things we argued about, and things people thought would tear the place apart, but it is as true now as it was in 1962: Vail works best when we are all working to make it better,” Staufer said. “We may not always agree on how to get there, but if we trust each other’s good intentions and trust that we want to make Vail a better place to live, work and visit, we will get there.”

Beth Howard, vice president and chief operating officer of Vail Mountain, said the development of the West Lionshead base village will benefit the community as well as the resort’s employees and guests.

“We look forward to this next chapter of building the future together,” Howard said. “And we appreciate that East West Partners is a part of the partnership, given they are known for creating meaningful places that bring people together, with creativity and expertise.”

Long battle

The Booth Heights property in East Vail was annexed into the town of Vail in the 1970s, but just who owned the land was unclear until 2016 when the Eagle County assessor determined that Vail Resorts owned the land — even though the company had not been paying taxes on it, and the parcel was noted as being owned by the state in town maps.

Vail Resorts filed an affidavit of ownership for the land in 2017, and the company was allowed to assert its ownership after paying two years of back taxes, about $35,000. Retroactive taxes can only be levied for the previous assessment period, so on a deed discovered in 2017, a property owner would only be liable for taxes levied in 2015 and subsequent years.

The Gore Range bighorn sheep herd is often seen on the property in the area that the company hoped to develop, and wildlife experts hired by the town determined that the land is an important part of the herd’s winter range. The parcel has supported the bighorn sheep herd for hundreds of years, the town said in approving the condemnation.

The condemnation went into effect on Oct. 20 when the town deposited more than $5 million into the court registry. That money, in addition to a $12 million deposit that occurred earlier in 2023, represents what was determined to be the just compensation for the parcel.

Vail Resorts appealed the condemnation, a process that was ongoing up until the approval of Tuesday’s resolution.

Formerly known as Ever Vail

The West Lionshead area first received approvals in 2012 under a plan known as the Ever Vail development, but at that time, no timetable was set as to when work would begin.

The plan had been in the works since 2005, with the idea to build a fourth base village at Vail Mountain between Lionshead and Cascade Village, including a lift up to an area near where the Eagle Bahn Gondola terminates today.

The scope of the project was massive and included a relocation of South Frontage Road in Vail. That road needed to be routed around the north side of Vail Resorts’ shops, which sit between the frontage road and Interstate 70.

The deadline to move South Frontage Road was Dec. 31, 2020, and with that deadline missed, the 2012 approvals expired.

That means a new development will have to start anew, something officials on Tuesday appeared to welcome.

The development of the West Lionshead base village will undergo a community engagement process starting this fall, the town stated on Tuesday, with open houses where community members can offer input on the initiative’s vision, design, and planning.

“Vail is our company’s home and holds an incredibly special place in our hearts,” said Chris Frampton, Chief Executive Officer of East West Partners. “I am thrilled that East West Partners will be a part of this transformative initiative. Vail has always been a community and mountain that embraces innovation, and this new fourth base village marks the next chapter in innovative partnerships that will ensure Vail stays the leading resort community in North America, and one of the best mountain towns anywhere.”