EAGLE, Colo. — A real estate firm wants to evict an Avon restaurant for temporarily displaying a marijuana edibles vending machine, claiming the media attention it drew has damaged the reputation of the Chicago company.
The Zazzz machine was on display at Montana’s Smokehouse for two days in April during a private party for its manufacturer, American Green. No pot products were in the machine at the time, American Green COO Stephen Shearin said.
Benchmark Investors sued the owners of the eatery claiming the event violated its lease along with hurting its reputation.
A judge held a two-day trial in Eagle this past week but wasn’t expected to rule until the fall, after lawyers file written arguments due in October, The Vail Daily reported July 30.
Jim Berdelle, the lawyer for Benchmark Investors, told Judge Fred Gannett that Montana’s is not allowed to engage in promotions without the permission of its landlord. While the machine was only displayed for two days, he said the images remain on the Internet.
Tracy Ashmore, a lawyer for restaurant owners Thomas Beaver and Andrew Burrows, argued in court that the new landlord has an “elite” vision for the town near a Beaver Creek ski resort and has been trying other ways to end the lease, which still has eight years remaining.
“This is a case about working people trying to make a success of a restaurant. They’ve put everything they have and then some into this restaurant,” she said.
Ashmore said Montana’s had permission from the Avon town council to display the machine.
Information from: VailDaily.com