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, 7 Brew Coffee will be a 575-square-foot drive-thru kiosk. No food, no indoor tables or chairs, no waitresses. Just drinks.
“As such, 7 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 21925 E. Quincy Ave. from Alberta Development Partners, a Tech Center firm.
A few doors down, at 21805 E. Quincy, Goddard School day care leases space from Armstrong Capital Development, a Greenwood Village company opposed to the 7 Brew.
“This case is about a developer thumbing its nose at clear and unambiguous use restrictions … over the objections of the other lot owners,” it told a judge last month.
“(Alberta) has refused to change course and its actions … necessitate court involvement.”
The dispute between the developers dates to December 2023, when Armstrong got word of the proposed coffee kiosk. It made clear to Alberta that it believed 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 Exclusive.
In early 2024, Armstrong demanded that Alberta stop development of its 7 Brew kiosk. It also filed an objection with the City of Aurora, but the city opted not to weigh in on the controversy and approved the development plan. So, Armstrong and Alberta went to court.
As Alberta sees it, Armstrong previously tried to buy and develop 21925 E. Quincy. When those plans fell through, it became determined to stop Alberta from developing the parcel.
As Armstrong sees it, “there is simply no question that (Alberta)’s construction and intended operation of 7 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. 7 Brew is represented by Krista Tushar and Uyen Dang at Fairfield & Woods.
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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, 7 Brew Coffee will be a 575-square-foot drive-thru kiosk. No food, no indoor tables or chairs, no waitresses. Just drinks. “As such, 7 Brew is not a restaurant,” its would-be landlord…