Aspen Skiing Co. takes step to evict Ullrhof |

Aspen Skiing Co. takes step to evict Ullrhof

Wyatt Haupt Jr.
The Aspen Times
Aspen, CO Colorado

ASPEN – The Aspen Skiing Co. filed a complaint in Pitkin County District Court seeking to evict the Ullrhof Restaurant for alleged non-payment of rent.

The complaint claims the Skico did not receive “rental payments from or on behalf of Ullrhof for the period running from February 1, 2009 through the close of the 2009 winter season.”

The rental payments were due on or before May 1. The lawsuit does not state the amount of rent owed to the Skico.

Mountain Madness LLC is listed as the defendant in the lawsuit. Mountain Madness does business as Ullrhof Restaurant. Dan Branch, part owner of Ullrhof Restaurant, could not be reached for comment Wednesday.

The Skico is seeking a “judgment declaring the lease to have been terminated and determining Ullrhof, an on-mountain restaurant, to be in unlawful detention” of the building it occupies.

Skiing company officials could not be reached for comment Wednesday.

The lawsuit further claims the Skico is “entitled to judgment for the amount of any rent and other charges found by the court to be due and owing through the date of termination of the lease,” together with other amounts that might be determined.

Ullrhof has until Friday to respond, based on court documents.

The lawsuit, filed June 3, marks the second time this spring that Ullrhof has found itself in a financial bind.

The Colorado Department of Revenue seized the restaurant in mid-May for failure to pay its state sales tax. The revenue department lifted its seizure a day later when Branch paid the delinquent taxes.

The Colorado Department of Revenue estimated the Ullrhof owed $204,25.22. But Branch had refuted that figure since he would have had to sell millions of dollars in food and drink this past ski season to be on the hook for that amount of money.

The state sales tax rate is 3 percent.

Branch told The Aspen Times in an earlier interview that he owed $38,000.

Branch and some friends bought the business from longtime owner Pat Drake in 2007, and took over the lease that has about 15 years left on it. The restaurant sits at 9,970 feet at the bottom of the Big Burn area on the mountain.

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