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Published: Thursday, March 08, 2018 @ 8:00 AM
— 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.
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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.
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.
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.
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.
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.
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.
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.
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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.
Published: Saturday, March 17, 2018 @ 10:04 PM
DAYTON — 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.
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.
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.
Harrison was booked on suspicion of felonious assault and carrying concealed weapon. He is set to be arraigned Monday in Dayton Municipal Court.
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.
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.
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.
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.
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.
Published: Saturday, March 17, 2018 @ 8:26 PM
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.
Published: Saturday, March 17, 2018 @ 8:48 PM
ORLANDO, Fla. — 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.
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.