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By using the eviction track, you've used one of the options I was going to suggest to you. The next step is court, of course. With a court order, the property can be removed from the shed.
Another option is mediation, but this isn't realistic if you can't find one of the parties.
So yes, the most prudent thing is to legally evict this person from the shed, as you are already doing. You will need proper service for court; a legal messenger service may be able to serve him, and then in court, request that the client be reimbursed for the cost of service of process (and the filing fee, interest, whatever).
If the "tenant" feels he is owed money, well, that's a whole different matter, and he can go after the other person through mediation or Small Claims Court.
These are two separate matters (legally) unless you are describing two halves of a married couple.
Jane Doe Deer
Sure - and will you tell me if it's going to snow when I fly into Denver on Saturday? :)
Let me clarify one thing with you.
When the guy whose stuff is in the shed left it there, was he just renting the shed, period? If so, was there a monthly amount, or was it in exchange for the work? Or did he even rent the shed? Was he just storing his gear in the shed while he was doing the work?
I'm asking all these questions to find out whether this should be treated like a residential eviction or commercial eviction. I'm also trying to look at it from a basic contracts angle.
I'd treat it in the eviction as an "in the alternative."
The complaint can have a section where it says, if the court treats this as commercial property, here's what we are arguing and what we want.
In the alternative, if the court treats this as residential, here's what we are arguing and what we want.
Naturally, if there is a significant difference for you between it being residential or commercial, you'd want to let the judge know in what you write up which one you're asking him or her to call it.
However, I searched the CO statutes and the only distinction I can find is between house/apartments and mobile home parks. I don't see a special eviction procedure for commercial.
As you know, I can't give you advice on what's the better course, because that would be legal advice. But what I told you gives you both alternatives in one package.
Link to state statutes: http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=
As you may know, many courts sell the packet of forms needed for an eviction, or even provide them for free online.
Here is a good starting place to look for free forms and instructions: http://www.coloradosupremecourt.com/
Here are the eviction instructions I found: http://www.courts.state.co.us/Forms/PDF/JDF%20100%20FED%20Instructions.pdf
Here are what appear to be the eviction forms: http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/28
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