Eggleston Kosnik LLC - A Law Firm


Duke Eggleston Practice Areas Real Estate and Ranch Purchases and Sales Land Use, Development and Construction Business Contracts, Transactions, Financing and Dispute Resolution Real Estate Related Dispute Resolution LLC/Entity Formation and Governance Mediation Representative Experience Outside General Counsel to Durango Mountain Resort/Kirkwood Resort Development - 2013-2017 In House General Counsel/Senior Vice-President for Durango Mountain Resort/Kirkwood Mountain Resort from 2004 - 2012. During his tenure, Duke supervised or handled numerous litigation matters, including resort related injuries, construction disputes/defects, employment disputes and contractual/real estate related matters. He also acted as the primary attorney and a principal negotiator in the following major transactions: Sale of Durango Mountain Resort and Durango Mountain Utilities Sale of Kirkwood Mountain Resort to Vail Resorts. Sale of Kirkwood Mountain Utilities Electrical Generation/Propane Facilities to the Public Utility District. $18.7 million Multi-Resort Real Estate Development Joint Venture Construction of $35.5 Million Purgatory Base Lodge, Commercial and Residential Condominium Project at Durango Mountain Resort. $27 Million, 20 Year Infrastructure Payment/Acquisition and Finance Plan Agreement – Purgatory Metropolitan District 50 Year Snowmaking Water Rights Agreement – Public Service Company of Colorado Eight Figure Kirkwood Power Plant Fire Insurance Settlement Numerous Resort and Development Company Financings Numerous Resort/Builder-Developer Project Agreements Taos Ski Valley Joint Development Venture Partner - Crane, Leake, Ehlers & Eggleston, P.C. – 1994-2004 – Private Practice emphasizing Real Estate, Land Use, Business Law and Civil Litigation/Appeals. Law Clerk - to the Honorable Gilbert S. Merritt, Chief Judge of the U.S. Court of Appeals for the Sixth Circuit, 1993-1994; to the Honorable Jose A. Gonzalez, Jr., U.S. District Judge for the Southern District of Florida, 1991-1993. Professional Affiliations: Southwest Colorado Bar Association (Vice President, 1999-2000; President, 2000-2001) Colorado Bar Association Colorado Bar Association Real Estate Council (2003-05) Education Vanderbilt University, J.D., 1991; Associate Editor, 1990-1991, Vanderbilt Law Review. Recipient: American Jurisprudence Book Award, Criminal Constitutional Law; Moore & Peterson Academic Recognition Award for Highest G.P.A., Contracts I & II. Vanderbilt University, B.A., Latin American Studies, cum laude, 1988; Omicron Delta Kappa; Mortar Board Society. Reported Decisions Schoen v. Morris, 15 P.3d 1094 (Colo. 2000)(argued case of first impression – Credit Agreement Statute of Frauds – obtained grant of writ of certiorari and unanimous Colo. Supreme Court decision); Lang v. Bank of Durango, 78 P.3d 1121 (Colo. App. 2003) (Related Case); Holiday Acres Property Owners v. Wise, 998 P.2d 1106 (Colorado App. 2000)(successfully tried and argued on appeal association covenant dispute to keep low income clients’ homes from being removed from subdivision); Durango Transp., Inc. v. Colorado Public Utilities Comm’n, 122 P.3d 244 (Colo. 2005)(successfully defended PUC regulated monopoly decision) Community Service / Other Interests Bank of San Juans Board of Directors Habitat For Humanity (Pro Bono Counsel) Durango School District 9-R Board Member Founding Board Member - Durango Winter Sports Foundation Purgatory Ski Team Board of Directors Instructor, Business Law, Fort Lewis College. Continuing Legal Education Instructor – Law in the Trenches Duke Eggleston 970.403.1580 deggleston@e-klaw.com

Duke Eggleston

Practice Areas

Real Estate and Ranch Purchases and Sales
Land Use, Development and Construction
Business Contracts, Transactions, Financing and Dispute Resolution
Real Estate Related Dispute Resolution
LLC/Entity Formation and Governance
Mediation

Representative Experience

Outside General Counsel to Durango Mountain Resort/Kirkwood Resort Development - 2013-2017
In House General Counsel/Senior Vice-President for Durango Mountain Resort/Kirkwood Mountain Resort from 2004 - 2012. During his tenure, Duke supervised or handled numerous litigation matters, including resort related injuries, construction disputes/defects, employment disputes and contractual/real estate related matters. He also acted as the primary attorney and a principal negotiator in the following major transactions:
Sale of Durango Mountain Resort and Durango Mountain Utilities
Sale of Kirkwood Mountain Resort to Vail Resorts.
Sale of Kirkwood Mountain Utilities Electrical Generation/Propane Facilities to the Public Utility District.
$18.7 million Multi-Resort Real Estate Development Joint Venture
Construction of $35.5 Million Purgatory Base Lodge, Commercial and Residential Condominium Project at Durango Mountain Resort.
$27 Million, 20 Year Infrastructure Payment/Acquisition and Finance Plan Agreement – Purgatory Metropolitan District
50 Year Snowmaking Water Rights Agreement – Public Service Company of Colorado
Eight Figure Kirkwood Power Plant Fire Insurance Settlement
Numerous Resort and Development Company Financings
Numerous Resort/Builder-Developer Project Agreements
Taos Ski Valley Joint Development Venture
Partner - Crane, Leake, Ehlers & Eggleston, P.C. – 1994-2004 – Private Practice emphasizing Real Estate, Land Use, Business Law and Civil Litigation/Appeals.
Law Clerk - to the Honorable Gilbert S. Merritt, Chief Judge of the U.S. Court of Appeals for the Sixth Circuit, 1993-1994; to the Honorable Jose A. Gonzalez, Jr., U.S. District Judge for the Southern District of Florida, 1991-1993.

Professional Affiliations:
Southwest Colorado Bar Association (Vice President, 1999-2000; President, 2000-2001)
Colorado Bar Association
Colorado Bar Association Real Estate Council (2003-05)

Education

Vanderbilt University, J.D., 1991; Associate Editor, 1990-1991, Vanderbilt Law Review. Recipient: American Jurisprudence Book Award, Criminal Constitutional Law; Moore & Peterson Academic Recognition Award for Highest G.P.A., Contracts I & II.
Vanderbilt University, B.A., Latin American Studies, cum laude, 1988; Omicron Delta Kappa; Mortar Board Society.

Reported Decisions
Schoen v. Morris, 15 P.3d 1094 (Colo. 2000)(argued case of first impression – Credit Agreement Statute of Frauds – obtained grant of writ of certiorari and unanimous Colo. Supreme Court decision); Lang v. Bank of Durango, 78 P.3d 1121 (Colo. App. 2003) (Related Case); Holiday Acres Property Owners v. Wise, 998 P.2d 1106 (Colorado App. 2000)(successfully tried and argued on appeal association covenant dispute to keep low income clients’ homes from being removed from subdivision); Durango Transp., Inc. v. Colorado Public Utilities Comm’n, 122 P.3d 244 (Colo. 2005)(successfully defended PUC regulated monopoly decision)

Community Service / Other Interests
Bank of San Juans Board of Directors
Habitat For Humanity (Pro Bono Counsel)
Durango School District 9-R Board Member
Founding Board Member - Durango Winter Sports Foundation
Purgatory Ski Team Board of Directors
Instructor, Business Law, Fort Lewis College.
Continuing Legal Education Instructor – Law in the Trenches

Duke Eggleston
970.403.1580
deggleston@e-klaw.com