In Aurora, a percolating dispute between developers centers on the smallest of buildings.<\/p>\n
If it is allowed to be built over a neighbor\u2019s objection, 7 Brew Coffee will be a 575-square-foot drive-thru kiosk. No food, no indoor tables or chairs, no waitresses. Just drinks.<\/p>\n
\u201cAs such, 7 Brew is not a restaurant,\u201d its would-be landlord wrote to a judge last month.<\/p>\n
Or is it?<\/p>\n
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.<\/p>\n
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.<\/p>\n
\u201cThis case is about a developer thumbing its nose at clear and unambiguous use restrictions \u2026 over the objections of the other lot owners,\u201d it told a judge last month.<\/p>\n
\u201c(Alberta) has refused to change course and its actions \u2026 necessitate court involvement.\u201d<\/p>\n
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\u2019s 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.<\/p>\n
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.<\/p>\n