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A judge will consider motions today in a lawsuit over a plot of land, now barricaded by a fence, in front of Perk Hill Coffee.
A judge will consider motions today in a lawsuit over a plot of land, now barricaded by a fence, in front of Perk Hill Coffee.
Jeremy P. Meyer of The Denver Post.
PUBLISHED: | UPDATED:
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A long-percolating dispute over a small patch of right of way in front of a Park Hill coffee shop has boiled over into a frothing controversy filled with protests, lawsuits and threats of eviction.

It’s a caffeinated brew-haha between two coffee-shop owners over a strip of land in front of Perk Hill Coffee.

One java monger who owns Perk Hill wants the area for customer seating. The other who owns the building and another coffee shop in the city wants the lawn-filled right of way left alone.

Today, a Denver District Court judge will consider motions in the civil case expected to go to trial next month.

Meanwhile, the plot of land sits barricaded by a fence, to which protesters have attached signs, pleading for a place to sit.

“It’s like a zocalo or a plaza,” said regular Peg Meagher. “It’s a wonderful gathering place for the community. We have gathered 200 signatures saying, ‘Let’s resolve this conflict so we can have a community space again.’ “

Meagher over the weekend participated in a sit-in with lawn chairs to further emphasize the point.

The dispute began several years ago after Darren Spreeuw leased the 800-square-foot space in the building at East 22nd Avenue and Kearney Street for a coffee shop.

Spreeuw in 2005 applied for a “tables and chairs” permit from Denver Public Works to set up seating on the city-owned right of way between the sidewalk and street.

It was approved. Spreeuw in 2007 erected playground equipment with a slide and swings.

But Eric Alstad, who owns the building as well as St. Mark’s Coffeehouse on East 17th Avenue, objected that playground equipment wasn’t allowed. The city agreed.

Spreeuw tore down the playground and set up more chairs and tables, some in front of other businesses.

Alstad said he never approved the seating arrangement. He also called the seating an insurance liability.

He said he began fielding complaints from other businesses in the building about the use of the right of way and said that Spreeuw obtained the city permit without his consent. Plus, he didn’t like the appearance.

“There was all this crappy furniture out front,” he said. “Let’s say I put up a bunch of picnic tables in the right of way in front of your house and started saying, ‘Look, everyone likes it! The neighborhood wants it!’ “

City law says only building owners or “agents of the owners” may obtain permits. Last month the city revoked the permit for the tables and chairs. Spreeuw appealed, but Alstad removed the chairs and tables, and sodded and fenced the area.

Spreeuw objects, saying his lease “specifically allows me to get a permit from the city to put chairs and tables on city property.”

“I’ve applied for a temporary restraining order to ask the city to delay any permit revocation until after the judge rules,” Spreeuw said.

Alstad has moved to terminate the lease, he said, because Spreeuw violated it when he put up the playground equipment and spread chairs and tables beyond the area directly in front of Perk Hill.

Alstad said he has spent thousands of dollars in legal bills fighting over the issue.

“At this point, I don’t care. I am so sick of it,” Alstad said. “I don’t care what the public wants. Remember, he is suing me.”

Jeremy P. Meyer: 303-954-1367 or jpmeyer@denverpost.com

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