Muddy Waters on Main Street

POINT PLEASANT – Though a Mason County bar probably never intended to earn its namesake, the operators are suing the building's owners for doing just that.

Alipio and JulissaYabar are named in a three-count breach of contract suit filed by Roger Tompkins and Shelly Bonecutter in Mason Circuit Court.

In their complaint filed on July 20, Tompkins and Bonecutter, who operate the Muddy Waters Tavern in Point Pleasant, allege they have lost customers due to a foul odor that comes from standing water in the building.

According to the suit, Tompkins and Bonecutter signed a lease with the Yabars, residents of Arlington, Va., to operate the Muddy Waters Tavern out of 512 and 514 Main Street. The lease gave Tompkins and Bonecutter use of the building for $850 a month rent for a year with the right to renew for an additional year.

Another term of the lease was that if the building became "inoperable or unusable," the Yabars were to "promptly repair such damages and the costs of repair shall be [their] responsibility," the suit says.

The building, Tompkins and Bonecutter allege, sustained "severe water leakage" between March 18 and 30. On two of those days – March 25 and 29 – feces and the odor of feces was also present that caused customers to leave.

On a day not stated, Tompkins and Bonecutter paid to have the water and odor removed. They claim that despite giving the Yabars notice of the property damage caused by the water leak and the repairs they paid to have done, the Yabars have "failed to promptly repair the premises pursuant to said contract."

As a result of the Yabars failing to honor the terms of the contract calling for them to repair damages to the building, Tompkins and Bonecutter maintain they have "suffered a loss of revenue" and the business has "suffered loss of its reputation."

Tompkins and Bonecutter seek unspecified damages, attorney fees and court costs.

They are represented by R. Michael Shaw with the Point Pleasant law firm of Shaw and Tatterson.

The case is assigned to Judge David W. Nibert.

Mason Circuit Court, case number 10-C-79




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