Montgomery landlord sues new owner of Frank's Pizza

FAYETTEVILLE - Gordon Billheimer filed suit in the Fayette County Circuit Court on Nov. 18, naming James Hufstedler, doing business as Frank's Pizza, as the defendant.

Billheimer is suing over Hufstedler's alleged failure to fulfill his responsibilities under a lease agreement. According to Billheimer, he is the owner of a commercial property at 311 Washington St. in Montgomery.

Billheimer claims his old tenant, Frank's Pizza, sold its business to Hufstedler in July, and one of the clauses in the sale agreement required Hufstedler to execute a lease with Billheimer and continue to run Frank's out of the 311 Washington St. building.

Billheimer says that despite agreeing to the terms, Hufstedler refused to enter into a new lease with Billheimer. Billheimer claims he contacted Hufstedler on numerous occasions to try and get him to sign the lease, but Hufstedler decided to change locations.

Now Billheimer claims Hufstedler intended to move Frank's Pizza, was going to take certain fixtures with him and didn't intend to pay his outstanding rent.

Billheimer seeks various types of relief, including a judgment prohibiting Hufstedler from removing certain improvements from the premises, overdue rent and access to the building.

Billheimer is seeking an undisclosed amount in damages. He is representing himself.

Circuit Court of Fayette County Case No. 13-C-301