CHARLESTON — A real estate development company is suing a restaurant owner, alleging breach of contract.
THF ONC Development LLC filed a complaint Sept. 6 in Kanawha Circuit Court against Ohio Valley Bistros, Inc. alleging the defendant defaulted on monthly lease payments totaling more than $370,000. Ohio Valley Bistros operated the now-closed T.G.I. Friday's restaurant in the shopping center. That location closed in March 2017.
According to the complaint, on May 14, 1999, the parties entered into written lease agreement whereby THF ONC agreed to rent its Kanawha County commercial space at The Shoppes at Trace Fork to Ohio Valley Bistros for a 20-year term Oct. 25, 1999, through Oct. 31, 2019.
However, THF ONC alleges, during the final five years of the term, Ohio Valley Bistros failed to pay rental payments amounting to $17,678 with property taxes, along with any income tax or franchise tax and other taxes levied against the tenant or on the development.
The plaintiff alleges Ohio Valley Bistros failed to timely pay monthly lease payments with lease charges and property taxes despite demands.
THF ONC Development seeks trial by jury, damages of $370,674.85, plus costs, fees, pre- and post-judgment interest, and all other proper and just relief. It is represented by attorney James W. Lane Jr. of Flaherty Sensabaugh Bonasso PLLC in Charleston.
Kanawha Circuit Court case number 18-C-1134