Developer Sued Regional Transportation District Over Lot
Resource Housing Group filed a lawsuit to challenge the selection of a competitor for a Denver housing project.
Updated on Sept. 22, 2026 in Apartments

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Resource Housing Group has sued the Regional Transportation District in an effort to reverse the agency's choice of a competing developer for a site in Denver. The dispute centers on a 2.3-acre parcel located at 2340 E. 40th Ave.
Why it matters
The developer is seeking a judicial intervention to secure the project, which it claims the transit agency previously intended to lease for $4.2 million. The outcome could significantly impact residential development plans in the Clayton neighborhood.
The proposed development at 2340 E. 40th Ave. involves a four-story building with 137 apartment units. The lot measures 2.3 acres.
The players
Resource Housing Group
An Atlanta-based real estate developer that has initiated legal action over the proposed housing project at 2340 E. 40th Ave.
Regional Transportation District
A transit agency currently managing a $200 million deficit that is the subject of a lawsuit regarding a property groundlease.
The details
Resource Housing Group, based in Atlanta, alleges that it had prior contact with the transit agency regarding the development of the property. The lawsuit aims to halt the current project plans by invalidating the selection of its competitor.
Timeline
September 14, 2026: Resource Housing Group filed the lawsuit against the Regional Transportation District.
Culture Shift
The lawsuit reflects a broader pattern of competition for urban land as developers vie for prime transit-adjacent real estate. This move underscores the tension between private development goals and the financial constraints facing regional transit authorities.
The legal battle could delay the addition of 137 units of housing in the Clayton neighborhood. Residents may see continued inactivity or a shift in building timelines while the lawsuit proceeds through the court system.
The takeaway
This case highlights how fiscal pressures on public agencies can lead to increased litigation over land-use agreements. Developers and stakeholders should monitor the legal proceedings to understand potential changes to neighborhood density and local housing supply.
Further reading
For more information on current residential projects, visit the Denver Apartments section.
Source note: This article includes information reported by BusinessDen.
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