Booted from The Greene, restaurant now taking its eviction lawsuit to a higher court

Attorney for former Choe’s Asian Gourmet files notice of appeal to Greene County judge’s ruling


***UPDATE*** (Dec. 6, 2018)

A restaurant that was evicted from The Greene Town Center late last year and slapped with a $384,000 default judgment a month ago wants to take its case to a higher court.

Eugene Robinson, attorney for the owners of the former Choe’s Asian Gourmet restaurant at The Greene, filed a notice of appeal to the Ohio 2nd District Court of Appeals late Wednesday afternoon in Greene County Common Pleas Court. The notice indicates Robinson will challenge the Nov. 5 decision by Greene County Common Pleas Judge Michael A. Buckwalter that found in favor of The Greene in its lawsuit against the restaurant’s owners.

>> Local couple, Realtor on ‘House Hunters’ episode featuring Bellbrook, Huber Heights and Kettering homes

Robinson also had previously requested that Judge Buckwalter reconsider his decision. That motion for consideration, filed Nov. 19, is still pending.

>> New restaurant opens 1st Dayton-area location TODAY at Austin Landing

Messages left this morning for Susan Solle, the Dayton attorney who has represented The Greene Town Center in the lawsuit, and for Steve Willshaw, general manager of the Greene, seeking comment on the notice of appeal, were not immediately returned.

***Original story*** (Nov. 27, 2018)

A restaurant that was evicted from The Greene Town Center nearly a year ago and slapped with a $384,000 default judgment just three weeks ago is not going down without a fight. 

An attorney for the former Choe’s Asian Gourmet restaurant last week formally asked Greene County Common Pleas Judge Michael A. Buckwalter — who ruled against the restaurant and fully in favor of The Greene on Nov. 5 — to set aside that ruling and hold a hearing on the restaurant’s evidence. 

>> New Spanish-themed tapas bar now open in downtown Dayton

A portion of the judge’s final decision “is not consistent with the facts,” Dayton attorney Eugene Robinson wrote in his motion for reconsideration. 

Robinson attached multiple exhibits to his motion, including two affidavits by Ann Hiddens, former manager of Choe’s Asian Gourmet, and a printout of an email exchange between Hiddens and The Greene’s general manager, Steve Willshaw, along with an email exchange between Robinson himself and the retail center’s attorney, Susan Solle of the Dinsmore & Shohl law firm in Dayton.

>> 6 months after local winery founder’s death, his wines strike gold

“Under the circumstances, it would be an abuse of discretion to fail to permit a hearing” on his motion to reconsider,  Robinson wrote.

It’s not clear how persuasive this most recent attempt to change Judge Buckwalter’s mind on the facts of the case will be. The judge already has rebuffed an attempt by Robinson and the restaurant’s LLC to reduce or eliminate a judgment that it owes the retail center $384,000 in back rent, fees, and other obligations under the lease it signed prior to opening at 4394 Juniper Way on the eastern side of The Greene.

>> SIMILAR CASE: Local retailer owes The Greene nearly $900K in rent, fees

Buckwalter ruled more than 11 months ago that the owners of Choe’s Asian Gourmet restaurant violated their lease agreement with The Greene and awarded the retail center full access to the property. The action was taken after the restaurant’s operators failed to respond in a timely manner to the lawsuit, according to court documents.

>> The owners of Ace Asian restaurant at The Greene are quite familiar with the place. Here’s why.

But four months later, in March, Robinson filed a vigorous challenge to The Greene’s claim that it was owed that amount of money. Robinson claimed in court documents that The Greene was way off on its calculations, and had in fact changed the locks and refused entry to the restaurant’s owners.

>> PHOTOS: McPherson Town Holiday Home Tour a gorgeous look at a historic neighborhood

The restaurant’s former ownership team “had no opportunity to recover its property and equipment because it was locked out of the premises by (The Greene’s management) an hour after the decision of eviction was ordered by the court,” Robinson wrote In his most recent motion. The restaurant owners were “threatened by (The Greene’s management) with a criminal charge in the event of recovery and removal” of their own property, Robinson wrote. 

>> EARLIER COVERAGE: The Greene evicts one of its own restaurants

That action blocked the owners’ access to several thousand dollars of their personal property, including $2,000 in cash and thousands more in inventory and equipment, Robinson argued. The court filing claimed it was the restaurant that was owed money — perhaps reaching more than $50,000 in the value of personal property appropriated by The Greene.

>> Chick-fil-A delivering nationwide with DoorDash, giving away free sandwiches

An attorney for The Greene scoffed at that notion in a subsequent legal response, saying The Greene had given plenty of warning to the owners of Choe’s and had “boxed up seven boxes of personal property” to return to the restaurant owners.  

>> Pho District, a restaurant focusing on Vietnamese specialties, now open at The Greene

The lawsuit had remained dormant since the spirited legal exchange in March. But earlier this month, more than seven months since the latest formal activity on the lawsuit’s docket, Judge Buckwalter filed a decision siding squarely with The Greene’s attorneys and granting the $384,000 judgment against the restaurant’s LLC corporate owners.

>> RELATED: Locally owned retailers helping attract shoppers to The Greene

The legal dispute started in November 2017 when attorneys for The Greene’s management filed a “forcible entry” lawsuit that led to the eviction of Choe’s Asian Gourmet. The original lawsuit claimed that the limited liability corporation that was operating Choe’s Asian Gourmet owed more than $49,000 in rent and utilities that had accumulated since July  of 2017. 

>> 4 Dayton Mall-area restaurants that have shut their doors

The final $383,973 tally that The Greene calculated that it was ultimately owed by the owners of Choe’s Asian Gourmet includes $68,600 in past-due rent and late fees, $56,500 to cover costs of preparing the property to re-lease, and $257,500 in “accelerated rent difference” — basically, the difference of the rent that had been due from the most recent owners through the lease term scheduled to end in September 2020 and the new tenant’s lease. Another $1,300 was tacked on for repairs and cleaning.

>> 6 restaurants that shut down at The Greene

Shortly after the lawsuit was filed, the most recent manager of Choe’s Asian Gourmet told this news outlet that the restaurant’s business had been slow in late 2017 in part because foot traffic was down in the restaurant’s eastern section of The Greene. She said she attempted to re-negotiate the terms of her lease but instead was ordered to vacate. She said some of the restaurant’s problems stemmed from a disgruntled former employee.

A new restaurant called Ace Asian Cafe, operating with new ownership and management, opened in the former Choe’s space in April 2018.


Reader Comments


Next Up in Local

Wreaths Across America day observed to remember, honor veterans
Wreaths Across America day observed to remember, honor veterans

Wreaths Across America day was observed Saturday at several cemeteries in the Miami Valley. Nearly 300 holiday wreaths were placed on graves of veterans today at the Greenville Union Cemetery in Darke County, according to News Center 7’s Northern Bureau Chief Steve Baker. This program started in 1990, and by 2005 the day was observed nationwide...
I-675 crash causes backup in Beavercreek
I-675 crash causes backup in Beavercreek

The crash was cleared on I-675 southbound in Beavercreek. We are working to learn the cause. A crash on Interstate 675 southbound has caused a backup in Beavercreek Saturday. The crash was reported near the Indian Ripple Road exit sometime after 1 p.m.  It’s not known how many vehicles were involved or if anyone was injured. There was a...
West Chester hotel thief a good tipper
West Chester hotel thief a good tipper

Someone used a fictitious credit card number to rent a room and charge meals at the West Chester Twp. Hilton Garden Inn. More than $2,500 was charged to a fake credit card sometime before 4 p.m. Dec. 3 at the hotel, according to police reports. Township spokeswoman Barb Wilson said the thief was a good tipper. “With the food purchase, the suspect...
Crews respond to camper fire in Logan County
Crews respond to camper fire in Logan County

Crews responded to a camper fire in the 4900 block of State Route 287 in West Liberty Saturday around 12:20 p.m., according to dispatchers. Initial reports indicated there was ammunition and propane at the location. Dispatchers could not confirm if anyone was injured.  We are working to learn more and will update this page as information becomes...
Officer: Books ‘just as vital as Narcan’ for first responders
Officer: Books ‘just as vital as Narcan’ for first responders

It’s hard to know what impact a traumatic event can have on a child, but Jana Gruber has learned a small gift can make a big difference. Gruber is the founder of Books to the Rescue, a Greene County nonprofit organization that is providing children’s books, games and stuffed animals for dozens of police cruisers, fire engines and life squads...
More Stories