Developer Mark Hunt’s attorneys have filed court documents indicating they will appeal the decision of the federal judge’s order that could throw the plans for development off track in the free-market residential units Hunt is building. The units would be located next to the city of Aspen’s post office.

Mediation has occurred between the two sides, but there has not been any word on the outcome.

The mediation negotiations occurred after Chief US District Court Judge Philip Brimmer dismissed the claims against the city of Aspect brought by Hunt and his company. The company filed a lawsuit claiming the city would not rezone the properties and allow for the mixed-use residential units to be built in the area.

Tenants of the existing structure include a laundromat, an auto mechanic, and a sports consignment store. Additional retailers and services would also become tenants as the project moves forward.

Aspen Planning and Zoning and City Council stated their opinion was based on the fact that a residential component added to the building would be “inconsistent with the surroundings.” The area is also the Clark’s Market shopping center.

Hunt’s attorneys maintain the city targeted the project when it denied the rezoning, but allowed free-market housing projects to move forward in three other similar areas after Hunt had acquired his building and applied for permission for his project.

The judge overseeing the case believed Hunt acted too quickly filing a lawsuit and encouraged both sides to attempt mediation. Hunt’s lawyers have until late June to file an opening brief.