Lawsuit filed over closure of popular Charleston eatery

By Justin Anderson | Apr 29, 2009

CHARLESTON – The former owner of a popular eatery on Capitol Street is suing over the business's closure earlier this year.

Dennis Adkins, through Adkins Jr. LLC -- doing business as Charleston Bagel Bakery -- filed a lawsuit April 10 in Kanawha Circuit Court against Lifetree LLC and Andy Elliot.

The complaint says Lifetree entered into a five-year lease with McMoon Bagels in 2004 for the location in 240 Capitol Street.

The lease contained a provision that any sublease of the property would require written approval from Lifetree.

In Feb. 2008, Adkins entered negotiations with McMoon to buy the bagel business, the complaint says.

Adkins, Mark McLane of McMoon, and Andy Elliot of Lifetree met to discuss the proposed purchase and sublease.

Elliot promised that a new five-year lease would be prepared for Adkins Jr. LLC, the complaint says.

During March 2008, McLane and Adkins met separately with Elliot and both were assured that no problems existed, the complaint says.

Based on these assurances, Adkins bought the business and started making monthly rental payments to Lifetree.

During this time, Adkins says he was promised on several occasions that a new lease was in the works.

But near the end of December 2008, Adkins received notice that he had to vacate the premises by the end of January 2009.

He's seeking damages.

Michael Clifford is representing the plaintiff. The case is before Kanawha Circuit Judge Charles King.

Kanawha Circuit Court case number: 09-C-656

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