Black Anchor Espresso, a small coffee shop that opened south of Kalispell this winter, is already a popular local destination.But since June 24, it has stopped serving coffee.
The small drive-thru has closed its doors because access to the kiosk has been blocked by a fence built by the Burger King opening next door, which is owned by former Republican Congressman Denny Rehberg. BSK Kalispell maintains that the coffee kiosk should have been removed from its plot on January 30, as was agreed upon in a 2011 lease between Kalispell Hospitality Company and Coffee Ventures LLC.
The dispute essentially revolves around which of the agreements between the previous owners of the land, Kalispell Hospitality Company Inc. and Mountain West Properties LLC, still hold. The land on which Black Anchor Espresso is located is now owned by Guesthouse Inn, but according to a statement released by BSK Kalispell LLC, “The Riskas, who own the coffee kiosk, agreed in writing to remove their kiosk building when their lease expired on January 30, 2014. BSK Kalispell purchased its property as the location for its new Burger King restaurant upon the assurance that the kiosk would be timely removed.”
Part of the 2007 agreement refers to a “view-shed easement,” which according to BSK Kalispell, prohibits “the construction of any buildings in the area where the coffee kiosk is located.” The statement continues: “The Riskas acknowledged this easement in writing and that the kiosk is located in a no-build view-shed easement. BSK Kalispell has allowed the kiosk to remain for six months beyond the removal deadline. Construction has now commenced on site and a fence was installed to protect the public and workers during construction.”
Owner Michelle Riska, meanwhile, contends that her coffee kiosk does not violate the 2007 agreement and that it does not block the view of Burger King from Highway 93. Moreover, although she has had to shut down her shop since the fence went up last week, she says construction still hasn’t started.
“I would love to work with them,” she says, “and would be willing to move my kiosk to the north if Burger King would cooperate and work with me.”
In order for this to happen, she would need access to a couple of feet of the Burger King easement for car access and also noted that the remodeling and move would be expensive. According to Riska, the whole conflict is the result of bad blood from BSK Kalispell, which was disappointed when Guesthouse Inn did not allow it to put Burger King signage on the Inn’s land.
As for her kiosk, she says, “it has nothing to do with Rehberg’s land,” because her new lease is with Guesthouse Inns exclusively. However, if the kiosk is in violation of the 2007 “view-shed easement” agreement, then BSK Kalispell has the right to have it removed regardless of the new lease.
As long as the conflict continues, Black Anchor Espresso can’t do business. Summer is the busiest season in the valley, and with the shop bringing in $650 a day during the spring, Riska is currently losing significant revenue. Beyond the costs of renovating her shop to make it accessible again, Riska is worried that “every day I turn customers away, I’m driving them to other coffee places.”
The long-term damage is hard to assess, but meanwhile, her employees are out of a job. According to Riska, “We currently employ three girls who are single moms raising their kids. Having to shut down due to Denny Rehberg is just heartbreaking. I wish there was a way for both our businesses to work together and allowing us small business to stay open. The fence has completely shut down our business and there’s no way we can operate.”
According to its statement, “BSK Kalispell is excited about becoming part of the Kalispell community. The new Burger King restaurant will generate approximately 50 construction jobs and 40 permanent jobs for restaurant employees.”
Rehberg was unavailable for comment.