Mama Rosa's says Schooner's breached lease agreement

By Kyla Asbury | Jan 4, 2013

HUNTINGTON – Mama Rosa’s and Beyond, LLC, and its owner are suing Schooner’s Stadium Front Grille, Inc., claiming it breached its lease agreement.

Mama Rosa’s and Spiro Mitias and the defendant entered into a lease agreement regarding the lease of real property for the purpose of operating a restaurant, according to a complaint filed Dec. 18 in Cabell Circuit Court.

The plaintiffs claim without notice, the defendant changed the locks on the premises and has not allowed the plaintiffs to have access to the premises, which violates the lease.

Schooner’s has breached and continues to breach its legal and contractual duties under the lease by failing to provide the plaintiffs reasonable and continual access to the premises, according to the suit.

The plaintiffs claim the defendant’s wrongful actions were done intentionally, recklessly, willfully, wantonly, maliciously and with disregard of the plaintiffs’ legal rights.

As a result of Schooner’s wrongful conduct, they suffered loss of profit and income, according to the suit.

The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Samuel F. Hanna.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 12-C-836

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