Legal saga continues for Aspen building |

Legal saga continues for Aspen building

Staff report

The tale of a legally troubled building in downtown Aspen continued in court Thursday when a judge advised the developer and nightclub owner of a contempt citation.

District Judge Gail Nichols found in May that Bootsy Bellows was a nightclub that wasn’t allowed to operate without the consent of the owners of a free-market condo unit in the building. The space was only allowed to be a restaurant, office or retail space.

Nichols gave the developer, JW Ventures, and Bootsy Bellows until May 29 to comply with her order. But according to a motion for contempt filed by the owners of the condo, the nightclub continues to operate in the basement of the building at 308 E. Hopkins Ave.

The 308 East Hopkins Condominiums Association says in a response to the contempt citation that it has urged the developer to evict the nightclub if the non-compliant activities continue, but it has no power to do so. The developer and Bootsy Bellows have been trying to negotiate a new lease, but as of July 28 have not been able to do so, according to the association’s response.

Nichols advised the parties Thursday that she will hear the contempt motion in September or October.

Nichols in May found that the developer and the condo owners violated city ordinance and other rules by prohibiting access to the front entrance of the building to affordable-housing tenants and handicapped individuals. The developer offered the exclusive use of the entrance to the condo owners.