Mine was built 2 months after yours but haven't had the problem though it looks like I'm just as vulnerable. I am trying to cause it to happen everytime I arrive home (the most opportune time). Does it ever get stuck without restarting the vehicle? For instance, I pull into the driveway, and while the engine is still on, I pull the ebrake, then release it... does it ever get stuck that way or does it only get stuck the next time you start the vehicle and try the release?

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'08 X5 3.0si - Alpine White / Saddle Brown interior
Specs: Sport Pkg, Premium Pkg, Tech Pkg, Comfort Access, Aero Kit, Style 433 staggered 20s on Conti DWS
Mods: Carbon 35 tint, LED angel eyes, GP Thunder 7500k fogs, H&R 20mm/25mm spacers, clear reflectors, gunsmoke-tinted taillights
Coded: Digital speedo, windows/sunroof/tailgate close via keyfob

X5 pics at Flickr