Restaurant-row couple reloads suit | AspenTimes.com

Restaurant-row couple reloads suit

Staff report

The owners of Aspen’s restaurant-row penthouse have filed a revised lawsuit in an effort to collect a $1.28 million judgment.

The amended complaint, introduced Thursday in the U.S. District Court of Denver, targets JW Ventures LLC and its principals John Provine, James Farmer and Charles Cunniffe. JW Ventures once owned a bulk of the building at 308 E. Hopkins Ave., which later went into foreclosure. The plaintiffs, married couple Michael Sedoy and Natalia Shvachko, own a penthouse that is part of the building. With the help of investors, they acquired JW Ventures’ ownership in the building in January.

No longer defendants in the litigation, which originated Sept. 30, are nightclub Bootsy Bellows and its owner, Andrew Sandler, as well as developer Mark Hunt, Alpine Bank, the Pitkin County treasurer and Aspen law firm Oates, Knezevich, Gardenswartz, Kelly & Morrow PC. Those defendants either settled with the plaintiffs or the court threw the cases out against them.

The couple sued the defendants on various allegations, but the remaining defendants are being pursued for the monetary judgment from an October 2014 trial in Aspen. The following May, then-Pitkin County District Judge Gail Nichols awarded the couple $1.28 million from JW Ventures LLC, which was found to have wrongly assured the couple they would have exclusive rights to the building’s front entrance, east stairway and main elevator. The judge also ruled that the couple violated a city of Aspen ordinance by barring renters of affordable-housing units in the building from using the access.

The amended complaint accuses JW Ventures and its principals of fraud because the couple claims they were assured they would have exclusive use of the entrances. Other allegations include negligent representation.

Boulder attorney Jesse Howard Witt filed the amended complaint.


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