The Denver Post

Hard Rock Cafe settles feud with Denver Pavilions landlord

- By Thomas Gounley

At Hard Rock Cafe in downtown Denver, the band plays on.

Earlier this month, the Floridabas­ed chain of rock ’n’ rollthemed restaurant­s settled a lawsuit it filed against its Denver landlord in January in an effort to get out of its lease.

At the time the lawsuit was filed, the restaurant within Denver Pavilions along the 16th Street

Mall had been closed for nearly 11 months since the onset of the coronaviru­s pandemic. The eatery reopened in June, about 15 months after closing, according to its Facebook page.

As is typical, specifics of the settlement are not outlined in court documents.

Hard Rock operates in 11,736 square feet, which it has leased since 1996.

The chain’s January lawsuit argued that the restaurant should have had the right to terminate its lease come March 2021, when pandemic-related government restrictio­ns on business hit the oneyear mark, citing a specific clause in the lease. Hard Rock also alleged it was charged too much for its share of mall common area operating expenses from 2015 to 2019 and was entitled to a refund.

Mall owner Denver Pavilions Ownerco LLC, an entity affiliated with Denver-based Gart Properties, countersue­d Hard Rock in

March. The landlord said the chain’s challenges predated the coronaviru­s, and Hard Rock was “using the pandemic as a pretext in a cynical attempt to cut costs company-wide.”

Hard Rock was represente­d by attorney David Hutchinson of Denver’s Otten, Johnson, Robinson, Neff & Ragonetti.

Stephen Gurr and Zachary Fitzgerald of Bryan Cave Leighton Paisner represente­d Denver Pavilions.

Newspapers in English

Newspapers from United States