WHEELING – River City Ale Works is suing Wheeling National Heritage Area Corporation after it claims it wrongfully declared River City had defaulted on its lease.
The Artisan Center was also named as a defendant in the suit.
Since 1999, River City and the defendant have worked together pursuant to a leasing agreement and River City has a leasehold and real property interest in the first and third floor of the Artisan Center pursuant t the lease agreement, according to a complaint filed in Ohio Circuit Court.
River City claims it uses the Artisan Center for virtually daily and nightly restaurant and bar activities and has invested thousands of dollars in advertising and branding of its restaurant, catering and banquet enterprises.
The plaintiff has entered into revolving and continuing contracts and/or leasing agreements with service providers, other businesses and companies that will continue into the future and has employed approximately 50 full-time and part-time employees who depend on River City for income, according to the suit.
River City claims it has entered into contractual relationships with numerous companies, entities and individuals to host banquets and events through the Artisan Center and has approximately 50 events scheduled through 2018 at the Artisan Center.
The plaintiff has paid all rent owned and has paid the defendant all percentages of gross due and owing pursuant to the leasing agreement, however, River City received a notice of default claiming that one rent payment was not made and that the defendant was terminating River City’s lease and that the lease would continue on a month-to-month basis, according to the suit.
River City claims the defendant has ignored its request for rescission of the default notice and that the defendant’s misguided approach has jeopardized River City’s ability to continue doing business at the Artisan Center.
River City is seeking declaratory judgment that the court decree the lease is not in default. It is being represented by Mark A. Kepple of Bailey & Wyant.
Ohio Circuit Court case number: 17-C-58