breaking news

Evicted restaurant lashes out against The Greene

Published: Thursday, March 08, 2018 @ 8:00 AM

Choe’s Asian Gourmet is subject of civil lawsuit and has “temporarily closed” sign on door.

The restaurant that The Greene evicted a few months ago is not going away quietly. Now it’s up to a judge whether the restaurant’s efforts are too little and — more importantly — too late.

>> MOST POPULAR: Meadowlark owner Wiley to launch new restaurant in Kettering

An attorney representing the most recent owners of Choe’s Asian Gourmet filed a vigorous challenge earlier this week to The Greene Town Center’s claim that the owners owe The Greene $383,973, and that the lawsuit should be declared finished.

>> TODAY: 2 Buffalo Wild Wings restaurants closing in Dayton area

Dayton attorney Eugene Robinson says The Greene is way off on its calculations, and in fact changed the locks and refused entry to the restaurant owners. That action blocked the owners’ access to several thousand dollars of their personal property, including $2,000 in cash and thousands more in inventory and equipment, Robinson argued.

>> 6 of the BEST places for Chinese food in Dayton

>> 5 decadent food truck dishes we can’t wait to eat this spring

Robinson is asking Greene County Common Pleas Judge Michael Buckwalter to deny The Greene’s request for a “summary judgment” that would end the lawsuit immediately in The Greene’s favor. Complicating the attorney’s efforts, however, are missed deadlines early in the lawsuit in which the restaurant’s owners did not initially respond to the legal action against them. 

>> 4 Dayton Mall-area restaurants that have shut their doors

Whether you're in a hurry or are looking for an elegant evening out, these are the top places to get sushi in Dayton.

Buckwalter ruled in December that the owners of Choe’s Asian Gourmet restaurant had violated their lease agreement with The Greene and awarded the retail center full access to the property. The action was taken after the restaurant’s operators failed to respond in a timely manner to the lawsuit, according to court documents.

>> Raising Cane’s seeks to open restaurant across from The Greene

The judge has not yet issued his ruling whether he will essentially reopen portions of the case, or declare it over, with a judgment in favor of The Greene.

>> RELATED: 4 things to know about the new Fuzzy’s Taco restaurant coming to The Greene

The $383,973 that The Greene calculates it is owed by the owners of Choe’s Asian Gourmet includes $68,600 in past-due rent and late fees, $56,500 to cover costs of preparing the property to re-lease, and $257,500 in “accelerated rent difference” — basically, the difference of the rent that had been due from the most recent owners through the lease term scheduled to end in September 2020 and the new tenant’s lease. Another $1,300 was tacked on for repairs and cleaning.

>> RELATED: Locally owned retailers helping attract shoppers to The Greene

A new restaurant to be called Ace Asian Cafe is already in the works in the space at 4394 Juniper Way on the east side of The Greene.

The original lawsuit was filed in Nov. 21 in Greene County Common Pleas Court claimed that the limited liability corporation that was operating Choe’s Asian Gourmet owed more than $49,000 in rent and utilities that had accumulated since July. A “notice to vacate” was delivered to the restaurant eight days earlier, notifying the restaurant operators that eviction proceedings could be filed unless the arrears were paid within three days.

>> EARLIER COVERAGE: The Greene evicts one of its own restaurants

The most recent manager of Choe’s Asian Gourmet told this news outlet earlier this year that business had been slow late last year in part because foot traffic was down in the restaurant’s section of The Greene. She said she attempted to re-negotiate the terms of her lease but instead was ordered to vacate. She said some of the restaurant’s problems stemmed from a disgruntled former employee.

Join the conversation on this story, and follow us on Facebook: 

Trending - Most Read Stories

Customer threatens Dayton clerk with gun after racial slur

Published: Saturday, March 17, 2018 @ 10:04 PM

A Dayton man is jailed on gun-related charges this weekend after police say he threatened a clerk who used a racial slur against him.

Police were called around 9 p.m. Friday to Marathon gas station, 1845 N. Main St., on a report of a man with a gun. 

>> Dayton triple homicide suspect pleads guilty, avoids death penalty

The suspect had already gone, but an officer spotted a man who matched his description walking up North Main Street. 

The officer, with backup, apprehended the suspect — identified as 46-year-old Nigel Harrison — at gunpoint, and found a loaded weapon in his waistband, according to a Dayton police report. 

>> Horizon Science Academy staff member fired over threat

The clerk admitted to police he used the N-word against Harrison during an argument after he accused Harrison of shortchanging him. 

According to the police report, Harrison left the store, but came back inside and was yelling, making shooting gestures with his hand. At one point he pulled a gun out of his waistband and held it next to his leg, the report stated. 

>> Fairborn woman accused of stealing $116K from Moraine business

Harrison was booked on suspicion of felonious assault and carrying concealed weapon. He is set to be arraigned Monday in Dayton Municipal Court.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to

Trending - Most Read Stories

St. Patrick’s Day weather: Stray showers possible tonight

Published: Saturday, March 17, 2018 @ 5:14 AM
Updated: Saturday, March 17, 2018 @ 1:00 PM

A stray light shower will be possible at times on this St. Patrick’s Day evening, Storm Center 7 Meteorologist Brett Collar said.


  • Stray light shower can’t be ruled out this evening
  • Slick spots possible overnight
  • More sunshine on Sunday

>> Live Doppler 7 Interactive Radar

5 Day Forecast with Meteorologist McCall Vrydaghs


Tonight: More dry time and decreasing clouds is expected overnight. Temperatures eventually will drop into the middle 20s. There is a slight chance for slick spots.

>>What is freezing rain and how is it different from snow and sleet?

Sunday: Sunshine returns under milder conditions. Highs will be in the lower 50s.

Monday: Clouds will increase through the day with highs in the lower to middle 50s. The chance for rain returns in the evening, and with temperatures falling past sunset, a few wet flakes may mix in as well.

>> WHIO Weather App

Tuesday: A few lingering snow showers or a wintry mix will be possible early. Mostly cloudy skies are expected with highs in the lower to middle 40s.

>>5-Day Forecast

Wednesday: The chance for any snow looks small, but can’t be ruled out. It’ll be a cold day with highs in the upper 30s.

Thursday: Partly sunny skies are expected with highs in the lower 40s.

Trending - Most Read Stories

Florida man armed with 20-inch knife tries to carjack sheriff citizen patrol car, deputies say

Published: Saturday, March 17, 2018 @ 8:26 PM

A man armed with a 20-inch knife tried to carjack a Flagler County Sheriff’s Citizen Observer Patrol (C.O.P.) vehicle while Cpl. Angela Camit was on patrol, authorities said. (Photo: Flagler County Sheriff's Office)
A man armed with a 20-inch knife tried to carjack a Flagler County Sheriff’s Citizen Observer Patrol (C.O.P.) vehicle while Cpl. Angela Camit was on patrol, authorities said. (Photo: Flagler County Sheriff's Office)

A man armed with a 20-inch knife tried to carjack a Flagler County Sheriff’s Citizen Observer Patrol (C.O.P.) vehicle while Cpl. Angela Camit was on patrol, authorities said.

>> Read more trending news

Camit said that after the failed carjacking attempt on Eric Drive in Palm Coast, the man, later identified as Stephen Goldberg, fled. Camit followed him and that’s when Goldberg, 32, ran toward her with the knife.

Investigators said deputies arrived and took Goldberg into custody without incident.

“Had he approached a sheriff’s deputy in this manner, it is likely that we would have had a different outcome,” Flagler County Sheriff Rick Staly said.

Staly said Goldberg is a “career repeat offender.”

“Our C.O.P.s are invaluable volunteers who serve and help protect this community alongside our deputies. We will not tolerate anyone threatening harm to them or anyone else. I hope the courts keep him locked up and he is sent back to prison where he belongs before he hurts someone,” Staly said.

Camit is a seasoned C.O.P. with several years of experience, and in light of the incident, the Flagler County Sheriff’s Office will reevaluate the equipment issued to C.O.P.s for their protection.

Goldberg was arrested and charged with attempted armed carjacking, aggravated assault with a deadly weapon and armed trespassing.

Deputies said Goldberg will be booked into the Flagler County Detention Facility without bail.

Trending - Most Read Stories

Attorneys say convicted killer's IQ too low to be executed

Published: Saturday, March 17, 2018 @ 8:48 PM

Juan Rosario. (Photo:
Juan Rosario. (Photo:

Attorneys for an Orange County man who was convicted of first-degree murder and arson last year said their client's IQ might be too low for him to be executed.

>> Read more trending news

A jury in May 2017 convicted Juan Rosario of beating Elena Ortega, 83, and burning her alive in her home in 2013. Jurors unanimously decided that he should be sentenced to death.

Rosario's lawyers have spent almost a year trying to build up enough evidence to convince Circuit Judge Leticia Marques that he doesn't doesn't deserve to die. They'll make their case during a hearing scheduled for May.

"There's too much work that needs to be done, and we need to have additional experts appointed," attorney Ted Marrero said.

Marrero on Friday asked Marques for a six-month extension because he said he recently learned that Rosario has an IQ of 72.

"Tell them they need to soldier on and be ready," state attorney Brad King said. "And at the same time, tell them that we need our witness list by 5 o'clock today."

Prosecutors said one year was more than enough time for attorneys to figure out that Rosario might meet the legal definition of mental retardation.

"At some point, there has to be order," King said. "And the law has to apply to these cases, just like every other case."

Trending - Most Read Stories