Is a coffee kiosk a restaurant? In Aurora, a judge must decide

In Aurora a percolating dispute between developers centers on the smallest of buildings If it is allowed to be built over a neighbor s objection Brew Coffee will be a -square-foot drive-thru kiosk No food no indoor tables or chairs no waitresses Just drinks As such Brew is not a restaurant its would-be landlord wrote to a judge last month Or is it The kiosk is being developed by ERC Hospitality a Highlands Ranch company on land it leases at E Quincy Ave from Alberta Rise Partners a Tech Center firm A limited doors down at E Quincy Goddard School day care leases space from Armstrong Capital Expansion a Greenwood Village company opposed to the Brew This situation is about a developer thumbing its nose at clear and unambiguous use restrictions over the objections of the other lot owners it reported a judge last month Alberta has refused to change class and its actions necessitate court involvement The dispute between the developers dates to December when Armstrong got word of the proposed coffee kiosk It made clear to Alberta that it supposed the kiosk violates the subdivision s governing documents Both sides agree that restaurants are not allowed the only exception being a carve-out for an existing eatery known as the Taco Bell Specific In early Armstrong demanded that Alberta stop expansion of its Brew kiosk It also filed an objection with the City of Aurora but the city opted not to weigh in on the debate and approved the rise plan So Armstrong and Alberta went to court Related Articles Lockheed Martin and workers in Colorado Orlando reach new contract How to use your smartphone to photograph the Northern Lights Twitter ordered to pay million for latest Boulder lease Downtown Denver at a crossroads as offices sit empty buildings go into default and safety concerns persist Can downtown get its swagger back Denver leaders agree it s both accomplishable and vital As Alberta sees it Armstrong previously tried to buy and develop E Quincy When those plans fell through it became determined to stop Alberta from advancing the parcel As Armstrong sees it there is entirely no question that Alberta s construction and intended operation of Brew violates the ban on restaurants not named Taco Bell Arapahoe District Judge Thomas Henderson IV will decide the dispute from his courtroom in Centennial Henderson has not yet scheduled a hearing on the coffee conflict Alberta s lawyer is Mikaela Rivera with Waas Campbell Rivera Johnson Velasquez Armstrong s attorneys are Stephanie Kanan and Kate Krukowski with Snell Wilmer Brew is represented by Krista Tushar and Uyen Dang at Fairfield Woods Get more business news by signing up for our Financial sector Now newsletter