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Friday, May 21, 2004

Restaurant, Levee duel in suits



By James McNair
The Cincinnati Enquirer

Great burgers, fries and malts. Awful landlord-tenant relations.

So it goes at Johnny Rockets in Newport on the Levee, the retail center on Newport's teeming riverfront.

Beneath the cheerful veneer of people being served up '60s-style food to '60s-era jukebox tunes, a serious bout of heartburn has developed between the company that owns the restaurant and the company that owns the development.

Financial disputes have led to separate suits filed in Campbell County.

J.R. Newport Inc., which owns Johnny Rockets in Newport and Kenwood, fired first last week. It accused Steiner + Associates of Columbus of fraud and breach of contract for overcharging the restaurant for rent, utilities, insurance, property taxes, trash removal and other items.

The suit doesn't specify a dollar amount, but is asking the court to help determine what is owed.

Rick Thompson, president of Batavia-based J.R. Newport, said the overbilling began more than a year ago, about a year after Johnny Rockets opened at the Levee.

"We've always questioned some of the charges as very unusually high," Thompson said. "The landlord has always taken a very evasive approach in responding to us, and a very belligerent and heavy-handed approach."

Steiner wants Johnny Rockets gone. In its suit, filed Tuesday by Christopher Cathey of Ulmer & Berne, Steiner alleges that Johnny Rockets owes $23,221 in back rent and other debts.

"We as the landlord have taken the necessary legal actions against this tenant in an effort to resolve many months of noncompliance with the terms of his lease," Steiner said in a written statement. "This tenant is raising these claims as a way to deflect the real issue at hand: Our decision to evict for failure to pay rent and other charges obligated under the terms of his lease."

Thompson, represented by Christopher Finney, said he loves the location and clientele in Newport. He wants the court to force Steiner to document its billings.

"We're just asking them to show us their records and the information they're using to support these charges," he said. "If everything's up to par, that's the way it is, and there's no problem."

E-mail jmcnair@enquirer.com




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