The owners of an apartment complex in Denver’s RiNo neighborhood are asking a judge to evict the building’s rooftop bar following a monthslong dispute over pool access.
The Penrose, at 1740 36th St., is a block off Brighton Boulevard near Zeppelin Station. Its owners include former Denver Housing Authority exec Ryan Tobin and lawyer Parker Semler.
The building was to include a rooftop cocktail lounge called Rose, a basement speakeasy called Thorn and a ground-floor cafe. Only Rose has opened – and its days may be numbered.
Last month, Rose owner Ciaran O’Brien sued The Penrose for cutting off his customers’ access to the rooftop pool, which he says will decimate Rose’s business. O’Brien accused the landlord of a “bait-and-switch” in which it promised pool access but then, in August, reneged.
Penrose owners deny promising pool access to Rose. On Nov. 12, they countersued O’Brien and his company, Osta Holdings, for breaching a lease and asked a judge to evict them.
“The tenant (has) interfered with residents’ quiet enjoyment, disregarded safety regulations and caused reputational harm to the property,” The Penrose’s countersuit alleges.
Rose failed to timely pay rent each month from April to August, according to its landlord, and more than two late payments in 12 months is grounds for eviction under the lease.
Also, on Sept. 20, O’Brien and Rose hosted an event with the party bus company Big Eazy by The Penrose’s parking garage, an area that the bar doesn’t lease, an area not covered by its liquor license, and one that is unsafe due to vehicle traffic, according to the countersuit.
On Nov. 6, The Penrose told Rose to move out but it refused, last week’s countersuit says.
O’Brien and his attorneys, Elizabeth Vyhmeister and Shelby Morbach in the Denver office of Kutak Rock, did not answer BusinessDen’s requests for comment on the allegations.
Denver District Judge Ian Kellogg has set a full-day hearing for Dec. 5 to decide whether Rose should be evicted, as The Penrose requests, or whether it should be given access to the rooftop pool next spring and summer, as O’Brien and Osta are requesting.
The Penrose’s lawyers are Parker Semler and James French at Semler’s firm in Denver.
Read more from our partner, BusinessDen.