Condo owners sink mini-golf course

Workers dismantled a downtown mini-golf course Thursday to clear the way for two catered events later this month, but not before police were called to the scene and lawyers made last-ditch court filings to stop the 18-hole eviction, windmills and all.

By early afternoon, the space was free of putting greens and course obstacles, while set-up for next week’s Food & Wine Classic in Aspen was well underway across Durant Avenue at Wagner Park. Food & Wine and the JAS June Experience have booked the former mini-golf course location for separate catered events from today through June 25.

The uprooting of the putt-putt facility comes after the owners of CP Burger, who also operate the adjacent mini links, sued their landlord in April in Pitkin County District Court on allegations that it violated their lease and license agreements by booking the events.

The landlord, Aspen Residences Condo Association, formerly known as G.A. Resort Condominium Association, owns the common space that functions as an ice rink in the winter before transforming into a summer mini-golf course.

Just before 8 p.m. Thursday, Judge Chris Seldin denied CP Burger’s emergency motion that sought a preliminary injunction and temporary restraining order to put an end to the landlord’s actions.

The motion, which was filed at 11:59 a.m., said, “While as of this filing the Landlord has carried off some of Tenant’s mini-golf equipment without Tenant’s permission and disposed of it in an unknown location, the remainder of the Tenant’s mini-golf equipment remains at the premises. Tenant has called the police, but they are doing nothing to prevent the Landlord’s unlawful detainer and conversion of Tenant’s property, stating that it’s a civil matter. This is an emergency request that requires immediate action to halt Landlord’s forcible entry and unlawful detainer of Tenant’s belongings.”

Craig and Samantha Cordts-Pearce, who own CP Burger and other restaurants in town, did not respond to a message seeking comment.

Their lawyer’s motion characterized the incident in which the landlord “forcibly entered the Premises without Tenant’s consent or a court order and began removing Tenant’s mini-golf equipment, all of which is Tenant’s personal property, and none of which Landlord holds any claim of ownership in. One of Tenant’s principal’s intervened, asked the movers to stop, and ultimately stood in front of their fully-laden (with mini-golf equipment) truck to prevent them from leaving. They nudged the truck into her — physically pushing her with it — to get her out of the way before a security guard onsite intervened to stop them from running over her.”

Judge Seldin’s ruling showed he was not persuaded by the motion’s argument that CP Burger faced “immediate irreparable harm” because their golf operation was forcibly closed. The ruling went on to say that Food & Wine had disrupted the golf course’s business for past summer events when it used the space. Seldin’s order said he will hear arguments regarding the injunction at another time, but he did not sense the urgency to impose the order with “no clear showing of irreparable injury” presented by CP Burger.

The Cordts-Pearces have owned and operated CP Burgers since 2010.

Their suit has been seeking a court ruling that any third-party use of the ice rink/mini-golf course must have both the consent of the landlord and CP Burger. The suit also wants the court to declare that the license agreement to run the putt-putt facility remains intact.

Pleadings filed May 17 by the condo association’s law firm included a counterclaim alleging CP Burger had violated both its lease and license agreements for the respective restaurant and rink/course.

The counterclaim said the condo association terminated CP Burger’s option to renew its lease for another five years after it expires in April 2025. The termination came after CP Burger ran afoul of its lease agreements five times since July 2022; three infractions would qualify its lease for termination, the counterclaim said. The counterclaim also is seeking a judge’s ruling that the license agreement for the rink/golf course can be revoked because the lease agreement was violated.

The rink/golf course is part of the common area, and the lease allowed the condo association to hold events on the space in question from April 1 through Oct. 31, the counterclaim said.

The condo association released the following statement after the course was dismantled: “The Aspen Mountain Residences is pleased to welcome the Food & Wine Classic and Jazz Aspen Snowmass back to the skating rink this month and revive the longstanding tradition of hosting these world-class events in the heart of Aspen. Plans to return both events to the skating rink have been in the works for many months and were fully shared with all parties. We are proud to continue our support of the community with these two events and to contribute to the local culture of Aspen.‘