Contending that Lee Mulcahy has ignored a court order to sell his Aspen home, the local housing authority is seeking court approval to hire a receiver to take over the matter.
The Aspen Pitkin County-Housing Authority on Friday filed a motion to appoint a receiver to put the property up for sale because Mulcahy will not.
APCHA’s push marks the latest development in a legal battle that goes back to December 2015, when APCHA sued Mulcahy alleging he didn’t meet the authority’s ownership requirements of working 1,500 hours a year in Pitkin County. The defendant has lost at every turn — including the state district and appellate court levels, as well as failing to persuade both the state and United States supreme courts to hear the case.
Pitkin County District Court Judge Chris Seldin delivered his order that Mulcahy sell his residence in 2016; however, enforcement of the ruling has been stalled due to lingering legal issues. In June, Seldin ruled the order now stands and can be enforced.
According to a motion APCHA filed last week, Mulcahy ignored the Housing Authority’s request June 24 that he prepare a listing contract and for the home — which has a maximum sales price of $995,000.
“This constitutes a violation of the judgment of this Court,” the motion says.
Mulcahy and his mother, Sandy, complained to Aspen City Council about APCHA’s proposed receivership, which they characterized as the transfer of title through a third party.
“They have the power and authority to come to our home and say you are trespassing,” she said. “That could mean Tasing us because I am not leaving. I’m 83 and I feel like I have led a good life.”
The older Mulcahy also said, “This lady is not going to leave.”
Lee Mulcahy said APCHA’s process of notifying him he was in violation was illegal and without due process. He said he is ready to show compliance that he works 1,500 hours a year as an artist at any time.
“Our constitutional rights have been stomped on,” he said.
The motion notes Mulcahy can continue to inhabit the residence, located on Forge Road in the Burlingame Ranch affordable-housing development, until the sale of the home closes. The property can be sold for a maximum of $995,000, says APCHA’s motion.
Mulcahy also must allow the receiver to show the property provided he receives at least 24 hours notice, according to another filing APCHA made Friday.
“Defendant Mulcahy shall cooperate with the receiver and APCHA in fulfilling obligations of this order, the listing contract, and the contract for the purchase and sale of the property,” the motion says.
APCHA attorney Tom Smith could not be immediately reached for comment Monday.
Staff writer Carolyn Sackariason contributed to this report.