A Salt Lake City business is suing “dirty soda” shop Swig, alleging its Sugar House location is blocking access to its property.
Dirk’s Dry Cleaners — at 1871 S. 700 East, in the same parking lot as Swig — is requesting more than $300,000 in relief.
In 2003, the lawsuit states, the previous owners of the Dirk’s property and a property just to the north owned by FBS (Swig’s current landlord) agreed to a right-of-way easement, which allowed car access across part of the north side of the Dirk’s property with an exit around the east and north sides of the FBS property.
When the easement agreement was drafted, the lawsuit states, its purpose was to allow a single drive-thru lane for the coffee shop in the spot where Swig is now — a lane that wouldn’t block car and pedestrian access in the easement area.
However, Swig, which is leasing the FBS property, is now operating a two-lane drive-thru — not the single lane that was in place when the easement was agreed to and for 20 years after that.
The lawsuit alleges that Swig “overburdens the easement” by using more of Dirk’s property than is permitted by the easement agreement, and blocks Dirk’s use of the easement with multiple lanes of customers.
The owners of Dirk’s have repeatedly asked FBS and Swig to stop allegedly violating the easement, the lawsuit says, but FBS and Swig have reportedly not done so.
Dirk’s owners also allege in the lawsuit that Swig is trespassing on their property and has prevented them from using the easement. In the lawsuit, they say FBS is liable for the alleged trespassing and tacitly approves of that trespassing.
A representative for the Larry H. Miller company, which owns Swig, said they were unable to comment on the pending litigation.
Representatives from the city and the Utah Department of Transportation say neither government entity has jurisdiction over the parking lot.
Swig, the Utah chain often credited with expanding the “dirty soda” trend, has grown from a single shop in St. George in 2010 to 46 current Utah locations and another 48 in 12 other states from Idaho to Florida.
