WINNERS & LOSERS
Naa, Naa, Na, Naa, Naa
By Sam Pfeifle
If you’ve been following the recent trials and tribulations revolving
around the Alehouse and their disgruntled landlord, ELC inc. — owners of
the Regency Hotel — you may have thought the Alehouse’s days were
numbered.
Not so, said a judge Friday March 9.
ELC inc. had filed a three-count complaint claiming that the Alehouse
hadn’t paid its water and tax bill, and that their live music violated
provisions in the lease. In the judge’s words, however, these claims
were “not credible.”
Alehouse co-owner/chef Russ Riseman was obviously ecstatic when he heard
the news. “They came up with some very trumped-up charges,” he said, “but
we just got the ruling from the judge, and we won unilaterally.” Calling
the case a real struggle of “David and Goliath,” considering that ELC is a
“$200 million a year corporation,” Riseman gave the credit for the win to
his attorney, Jim Roux. “He did a phenomenal job,” said Riseman.
A chuckling Roux attributed the win to false pretenses, and some shoddy
lawyering, on the part of ELC. “It appeared to me that ELC was a keystone
cops operation,” said Roux, “based on what I saw in the courtroom, in this
case.” Not only did the judge find their arguments on the loud-music issue
to be baseless, but “Their witness decided on the stand,” said Roux, “while
testifying, that the billing procedures were wrong.” Hence, ELC wound up
voluntarily dismissing the money claims.
But Roux doubts they were overly concerned with the money, anyway. “Bottom
line,” outlined Roux, “the Alehouse had already paid about $30,000 for
lease and capital issues, and ELC sued them for what ELC claimed was $800
or $900 for water and tax claims, which turned out to be false. It doesn’t
seem that money is truly the issue.”
Roux noted that the Alehouse is in good shape financially, “and if ELC wants
to throw them out of the building, perhaps they should do it in a
business-like way, rather than use the district court. They need to go to
plan B.”
And the Regency can look forward to a little over nine years of continued
friendly existence with the Alehouse, as they are very early into a ten-year
lease.
“We’re happy to be neighbors to the Regency,” said Roux. “We want to be
good neighbors.”