The Cherry Cricket restaurant, with a lot of help from its Denver litigators at Snell & Wilmer, has won the right to keep the expansion space that the popular burger joint opened more than a year ago.
In March 2009, the Cricket bought the Fast Frames store next door on East Second Avenue in Cherry Creek when the 42-year-old frame shop opted to move around the corner to a space on Clayton Street.
The Wynkoop restaurant group, which owns the Cricket, spent roughly a quarter-million dollars to make the space part of the restaurant.
After the expansion, which also added a wrap-around patio, was complete, two other tenant members of Clayton Street Partners, a group of local businesses formed solely to acquire the property occupied by a florist, two tailors and the Cricket, sued Cricket owners, claiming that they should have had the right of first refusal to purchase the property.
Snell & Wilmer obtained a defense verdict last week for Cherry Cricket Land II, a subsidiary of the iconic Denver restaurant, after an eight-day trial in Denver District Court.
The court concluded that the language of Clayton Street Partners’ covenants, conditions and restrictions did not prevent the frame-shop owner from selling the property to a “related entity” within the condominium ownership.
“The extended space will continue to serve its thousands of faithful customers,” said Neil Peck, who defended the Cricket along with colleagues Michael Lindsay and James Kilroy. “The bottom line is the Cricket wanted to, needed to and did expand. The adjacent property owners tried to screw up the deal, and the court wouldn’t let them do it.”
The expanded space added 46 seats inside and a 70-seat patio at a restaurant famous for its long waiting lines during prime time.
The Bickersons?
Casting director Nicole Ford is looking for family members who are fighting over a loved one’s last will and testament to take part in a documentary for a major cable network.
The show is looking for American families and estate professionals to take part in their new series. The producers are seeking clients who are executors or beneficiaries of a will where the distribution may be vague and the precise monetary value of various objects in the estate is unknown.
“This is a documentary that focuses on the items that the family has, such as cars, jewelry, artwork,” Ford said. “We’ll get a mediator and appraiser involved so families are prepared to settle that day.”
Interested participants should contact fordcasting @gmail.com.
Max Max Muscle.
Former Denver Broncos wide receiver/punter Billy Van Heusen and son Billy Jr. have opened a second Max Muscle sports nutrition retail store at 5066 S. Wadsworth Blvd., Littleton. This is the largest location for the brand in the country.
The Van Heusens also own the franchise operation at 1550 S. Colorado Blvd.
Eavesdropping
on a person walking by the swimming pool at the Shanahans’ mansion during a charity event: “Geez, for a hotel this size, I was expecting a larger pool.”
Penny Parker’s column appears Tuesday, Thursday, Friday and Sunday. Listen to her on the Caplis and Silverman radio show between 4 and 5 p.m. Fridays on KHOW-AM (630). Call her at 303-954-5224 or e-mail pparker@denverpost.com.
