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The Greene’s attorney scoffs at restaurant’s claims in eviction lawsuit

Published: Thursday, March 08, 2018 @ 8:00 AM
Updated: Tuesday, March 20, 2018 @ 10:49 AM

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

**UPDATE** 

An attorney for The Greene scoffed at the notion that the retail center owes the owners of an evicted restaurant thousands of dollars and urged a judge to end the case and award her client $384,000 plus interest.

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The ongoing legal dispute started in November 2017 when The Greene’s management filed a “forcible entry” lawsuit that led to the eviction of Choe’s Asian Gourmet restaurant on the east end of The Greene. 

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After missing some initial deadlines to respond to the lawsuit, the most recent owners of Choe’s in recent weeks have mounted a more robust defense, claiming in a court filing that it could be owed more than $50,000 in the value of personal property appropriated by The Greene.

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The retail center’s management waited a full month after ordering the restaurant’s owners to vacate until locking the owners out of the restaurant, Dayton attorney Susan D. Solle wrote on behalf of The Greene. 

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The restaurant owners’ “failure to remove its property by that date was at its own peril,” Solle wrote. “In any event, (The Greene) boxed up seven boxes of personal property” and gave the property to the restaurant owners. 

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Other claims by the restaurant’s owners that they are owed money by The Greene “are refuted by the explicit language of the lease” that the restaurant owners signed, Solle wrote. 

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The case is pending before Greene County Common Pleas Judge Michael Buckwalter.

** EARLIER COVERAGE** 

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.

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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.

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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. 

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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.

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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.

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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.

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Police: Man shot in head drives to Speedway in Dayton for help

Published: Tuesday, June 19, 2018 @ 10:59 PM
Updated: Tuesday, June 19, 2018 @ 11:15 PM

Man shot in Dayton

A man who was shot in the head tonight drove to a Speedway gas station for help.

The victim was shot through his vehicle’s windshield in the 100 block of Huffman Avenue near Jersey Street. The shooting was reported just before 10 p.m. after the victim drove himself to Speedway, 1556 Huffman Ave., to get help, police said.

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The victim was taken to Miami Valley Hospital with injuries that are not life-threatening, Dayton police said. His name, age and condition were not immediately available.

Huffman Avenue at South Smithville Road is blocked as police investigate.

Police have not released any suspect information or whether anyone is in custody.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com.

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Why leaving a water bottle in your car could be dangerous

Published: Tuesday, June 19, 2018 @ 11:09 PM

You might not want to leave water bottles in your car, according to officials at the Midwest Fire Department in Oklahoma.
Art-Of-Photo/Getty Images/iStockphoto
You might not want to leave water bottles in your car, according to officials at the Midwest Fire Department in Oklahoma.(Art-Of-Photo/Getty Images/iStockphoto)

On scorching summer days, taking a nice cold bottle of water for your drive seems like a natural fit.

But it could lead to startling consequences, firefighters say.

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One Oklahoma fire department and a power company in Idaho recently demonstrated how a partly filled water bottle could magnify the sun’s rays and start a fire.

David Richardson, of the Midwest Fire Department in Oklahoma, told KFOR the sunlight “uses the liquid and the clear material to develop a focused beam, and sure enough, it can actually cause a fire.”

“The sunlight will come through (the bottle) when it’s filled with liquid and act as a magnifying glass as you would with regular optics,” said Richardson.

A test at the fire department, outside a car, showed sunlight going through a water bottle raised the temperature of a piece of paper to 250 degrees, KFOR reported.

Representatives from Idaho Power also showed the same potential problem in a Facebook post in July, with a video showing direct sunlight going through a water bottle leaving smoke and burn marks in car seats before the bottle was removed.

While the risk of fire is relatively small, officials recommend keeping water bottles out of unattended vehicles, KFOR reported.

Read more at KFOR.

 

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The difference between meteorological and astronomical seasons

Published: Tuesday, June 19, 2018 @ 9:36 PM

File photo
Carsten Koall/Getty Images
File photo(Carsten Koall/Getty Images)

June 1 marked the official start to the summer season based on the meteorological calendar.

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Typically, many think of the first day of summer arriving in late June, usually on or around June 21, but there are major differences when comparing the meteorological and astronomical seasons.

Dating back to the early-to-mid 20th century, meteorologists have set official seasons based on the same date each year. Summer starts June 1, lasting until Aug. 31. Fall runs from Sept. 1 until Nov. 30, followed by winter from Dec.1 through Feb. 28, and finally spring season from March 1 to May 31.

Meteorologists believe that keeping the exact three-month pattern can reflect accurate climatological statistics when comparing year-to-year.

Meanwhile, astronomical seasons are based on the position of the Earth in relation to the sun.

This year, astronomical summer starts June 21, the date of the summer solstice. This date typically varies between June 21 or 22, depending on the solstice.

Astronomical winter also varies between Dec. 21 or 22, the date of the solstice. Spring and fall both depend on the vernal and autumnal equinoxes.

Since it takes 354.24 days for the earth to travel around the sun, an extra day is needed every four years, known as Leap Year. This can cause the dates of solstices and equinoxes to vary.

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That, combined with the fact that the elliptical path of the Earth around the sun can cause the length of the path and seasons to be inconsistent, makes keeping climatological statistics confusing year-to-year.

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After Trump visit, Republicans try to rally behind immigration bill

Published: Tuesday, June 19, 2018 @ 11:07 PM

President Donald Trump tried on Tuesday evening to push Republicans in the House to pass an immigration reform bill later this week, basically telling GOP lawmakers he would support whatever they could pass, as Republicans struggled to find the votes to do that, and pressed the White House to back off a new policy that separates some illegal immigrant kids from their parents after being picked up at the border.

“The system’s been broken for many years,” the President told reporters at the Capitol before the unusual Tuesday evening gathering.

“The immigration system, it’s been a really bad, bad. system, probably the worst anywhere in the world. And we’re gonna try and see if we can fix it.”

Earlier in the day, the President had told a gathering of business leaders that he would not back off his calls for major changes in U.S. immigration laws.

“When people come up, they have to know they’re never going to get in, or else it’s never going to stop,” Mr. Trump said of the flow of illegal immigration across the southern border with Mexico.

But complicating matters for the President was the recent move to force the separation of children and parents, if the parents were being charged for illegally entering the United States, as that continued to draw stern opposition from GOP lawmakers of all stripes.

“All of us are horrified at the images that we are seeing,” said Sen. Ted Cruz (R-TX).

“We ought to stop separating families,” said Rep. Kevin Yoder (R-KS). “The Administration disagrees,” as GOP lawmakers said the conflict wasn’t really discussed during the Tuesday night meeting with Mr. Trump.

“We can have strong border security without separating families,” said Sen. Rob Portman (R-OH).

13 GOP Senators signed a letter to Attorney General Jeff Sessions, asking the Trump Administration to “halt current policies leading to the forced separation of minor children from their parents,” but that missive fell on deaf ears at the White House, as GOP lawmakers scrambled for kind of legislative answer.

House GOP leaders on Tuesday night posted two different immigration bills for possible House votes – one was a more conservative plan backed by Rep. Bob Goodlatte (R-VA), which was unlikely to get close to a majority; a second was a more moderate bill that lacked the support of conservatives.

It left many unsure what would happen if votes occurred this week on the House floor.

“I’m still working through whether I can vote for the compromise bill,” said Rep. Warren Davidson (R-OH), as more conservative lawmakers withheld their support from the only all-GOP plan that has a chance for approval.

Meanwhile, even as Mr. Trump tried to push Republicans to stick together on immigration, he managed to cause some internal GOP pain, as lawmakers said the President – during the closed door meeting with House lawmakers – took a verbal shot at Rep. Mark Sanford (R-SC), who lost his primary a week ago to a candidate backed by the President.

“Is Mark Sanford here? I just want to congratulate him on running a great race,” the President reportedly said, drawing quiet groans and hisses from some GOP members.

One Republican, Rep. Justin Amash (R-MI) said later on Twitter, that the jab was uncalled for.

“This was a classless cheap shot,” Amash wrote.

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