Iconic Colorado restaurant Tom’s Diner at the center of legal wrangle

A restaurateur planning to sell his Colorado diner to property developers for millions is locked in a legal wrangle with a group of local activists trying to prevent the iconic building’s demolition.

Tom Messina has been flipping pancakes and serving eggs over easy at the helm of Tom’s Diner in the heart of downtown Denver for more than two decades. 

But, nearing retirement age and wanting to spend his golden years away from the cut and thrust of a demanding 24-hour restaurant, he agreed to shut up shop and sell the property to Alberta Company for a cool $4.8 million.

‘I’m a restaurateur who’s worked his life flipping pancakes and selling eggs,’ Messina said . ‘I have a beautiful family I want to spend time with. I just turned 60 and I want to do something else’

Nearing retirement age and wanting to spend his golden years away from the cut and thrust of a demanding 24-hour restaurant, he agreed to shut up shop and sell the property to Alberta Company for a cool $4.8 million.

The Colorado-based developer in turn plans to raze the building and develop an eight-story apartment block complete with ground floor shopping complex. 

News of the proposition horrified Denver’s historic preservationists society, who pointed out that the building is a particularly fine example of Googie architecture – a type of futuristic design popular between 1940 and 1960 right across America.

The parties are set to go head-to-head at a city council meeting over whether the property can be given historic protection status, meaning Alberta will be unable to demolish the building – in turn, drastically reducing Messina’s retirement fund. 

‘I’m a restaurateur who’s worked his life flipping pancakes and selling eggs,’ Messina told Reason. ‘I have a beautiful family I want to spend time with. I just turned 60 and I want to do something else.’

Messina said the case was a kick in the gut.’ The value he might lose from a landmark designation, he says, would jeopardize the retirement he’s worked so hard for.

News of the proposition horrified Denver’s historic preservationists society, who pointed out that the building is a particularly fine example of Googie architecture – a type of futuristic design popular between 1940 and 1960 right across America

Messina said the case was a kick in the gut.’ The value he might lose from a landmark designation, he says, would jeopardize the retirement he’s worked so hard for 

‘I’m sure people can imagine how it would feel,’ he said. ‘You plan for something and you think it’s yours to do as you wish and then this pops up.’

When Alberta Company applied for Certificate of Non-Historic Status, which would allow the building to be demolished and redeveloped, five community members assisted by the local preservationist nonprofit Historic Denver filed an application to designate Tom’s Diner a historic landmark.  

In their 30-page application, the activists argued that Tom’s Diner, which was built in 1967 as part of the now defunct White Spot restaurant chain, is a classic example of the mid-century architecture and deserves preservation. 

The diner is a particularly good example of Googie tilted roofs and expansive glass windows.   

A 2008/2009 survey also marked Tom’s Diner as eligible for inclusion in the National Register of Historic Places, and the Historic Denver Guidebook includes an entry on the building

The city council is scheduled to discuss the landmark application for Messina’s property next week and will vote on whether to grant it later in the month

A 2008/2009 survey also marked Tom’s Diner as eligible for inclusion in the National Register of Historic Places, and the Historic Denver Guidebook includes an entry on the building.

The preservation activists have engaged in talks with Messina to come to a compromise that would allow him to sell the land without the building being destroyed. 

However, all suggestions would torpedo the Alberta Company deal, it would appear. 

‘We met with Tom today to present him with some creative and viable solutions. We know this is a life-changing opportunity for him, which is why our focus is on a solution that meets his needs and protects the identity and history of the Colfax corridor,’ Jessica Caouette, one of the five people who signed onto the landmarking application, said in a statement posted to her Facebook page last week.

The city council is scheduled to discuss the landmark application for Messina’s property next week and will vote on whether to grant it later in the month.