Former residents of the Aurora apartment complex, previously known as Aspen Groves or Fitzsimons Place, have initiated a class-action lawsuit to prevent the sale of the property located at 1568 Nome Street. This building gained notoriety due to circulating rumors involving Venezuelan gangs.

Condemnation and Eviction History

The City of Aurora condemned the property and evicted all residents in August 2024. This action was taken due to numerous outstanding code violations that reportedly dated back to 2020. Currently, the four-story structure and its parking lots are vacant, secured by chain-link fencing and wooden boards.

Allegations of Neglect and Deterioration

The lawsuit, filed in the Adams County District Court on March 27, details severe living conditions endured by tenants. These conditions allegedly included a persistent lack of heat and hot water, widespread rodent and insect infestations, structural decay, and significant sewage leaks, some dating back to 2021.

Javier Hidalgo, the main plaintiff, was also the lead in a prior class-action suit against Nome Partners LLC filed in August 2024. That initial suit sought to halt the eviction via a restraining order and secure damages for the displaced tenants.

The Attempted Sale and Legal Concerns

The tenants' legal team learned recently that the property is under contract for sale. Benjamin DeGolia, the tenants' attorney, expressed concern that the sale is an attempt to divest assets and leave the state before facing court accountability.

The lawsuit names Baumgarten as the alleged “principal owner and manager” of 1568 Nome Street. Tenants at other properties managed by CBZ have also implicated Baumgarten, who reportedly faced arrest warrants and settled a separate lawsuit with the City of Aurora.

The Connection to Criminal Charges

In August 2024, Zev Baumgarten claimed Venezuelan gang members had seized control of 1568 Nome, preventing CBZ from managing the property. However, tenants countered that Zev had abandoned the building, leaving behind issues like broken windows and overflowing dumpsters.

When the city officially closed 1568 Nome on August 13, 2025, prosecutors agreed to drop criminal code violation charges against Nome Partners LLC if the owners agreed to sell the property. The lawsuit claims the building was immediately listed for $16.5 million following this deal.

Goal of the New Lawsuit

The new filing seeks to void the impending sale of 1568 Nome Street. The plaintiffs want to ensure Nome Partners LLC can satisfy any judgment and pay damages if they lose Hidalgo’s original lawsuit.

The suit alleges that Nome Partners LLC will not receive “reasonably equivalent value” in the transaction, noting the building is the entity's sole asset. DeGolia fears that if the owners lose the initial case, insufficient assets will remain to cover tenant compensation.

Lawyers for Nome Partners LLC reportedly sent a letter of intent to sell the property to an undisclosed third party to Aurora’s assistant city attorney on February 10. Hidalgo and DeGolia only discovered this on March 23 through documents subpoenaed from the original case.

Creditor Status and Alleged Fraud

The lawsuit asserts that Hidalgo and the other tenants are creditors owed compensation for their eviction. The sale is thus argued to be “fraudulent,” designed to “hinder, delay and defraud its creditors.” DeGolia noted that the proceeds might be used to satisfy debts related to other CBZ Management properties.

Jorge Zavala and Ines Guzman are among the co-plaintiffs alongside Hidalgo. Guzman, who was vocal about the neglect, was part of the failed August 2024 attempt to secure a restraining order against the mass eviction.