blessednxs65
Is it Nicaraguan
I hope this guy has the wherewithal to stand up to these folks. I know that the owner of the B&M where I live has had to fight the owners of the Men's Clothing store next door for the past few years about "clothes smelling like smoke".
Good Luck!
ST. CHARLES, ILLINOIS The owners of a cigar shop in downtown St. Charles and their landlord are locked in a court fight over whether the store can be evicted because the puffs of tobacco smoke generated at the store has become a nuisance to other tenants in the same shopping center.
This week, lawyers for Gintaras, the parent corporation for the Bull & Bear cigar shop, and Bull & Bears landlord, ShoDeen, filed arguments in Kane County Circuit Court in the lease dispute matter.
Gintaras has asked a judge to immediately rule that it has the right, under its lease, to allow patrons to smoke in a lounge in the store in the Fox Island Square shopping center, 1 W. Illinois St., St. Charles.
The motion is scheduled to be argued before a Kane County judge in Geneva on Aug. 31. The judge will then rule on whether the matter should be resolved at that time or go to trial later.
A ruling in Gintaras favor would quickly end a legal tiff that began in February. At that time, Geneva-based ShoDeen sent a notice to the owners of the Bull & Bear that other tenants had complained about cigar smoke emanating from their store, and thus, the cigar shop had violated its lease.
ShoDeen pointed to language in the lease that forbids the cigar shop from allowing any objectionable or unpleasant odors to emanate from its premises or taking any action that the landlord might deem to be a nuisance or disturb other tenants.
When Gintaras didnt move to correct the issues at ShoDeens direction, ShoDeen notified Bull & Bears owners in March that they were being evicted.
Gintaras, however, filed suit against ShoDeen, arguing that ShoDeens eviction notice had violated the lease. Gintaras said the lease expressly permits patrons to smoke cigars in the store, and, therefore, tobacco smoke, such as is generated from cigars or pipe tobacco, cannot be considered a nuisance.
According to court documents, before the matter found its way into court, the two sides had discussed the smoking issue for a year. ShoDeen representatives and at least two tenants of the building assert that smoke from the Bull & Bear routinely fills hallways and infiltrates offices on an upper floor.
According to a brief filed this week, ShoDeen initiated the action after one of its tenants complained. The tenant had been looking at renting more space within the building owned by ShoDeen, but had refused to sign any lease until the smoke issue is corrected.
Tenants say the smoke can become so dense in upper story offices that the clothing of workers in the other offices can begin to smell like tobacco smoke.
Gintaras, however, argues in the court documents that the shop has installed several smoke filters and that the problem is not as bad as the tenants and ShoDeen have indicated. They argue that if there are issues with smoke leaking into other areas of the building, it is ShoDeens job to seal any leaks.
They further argue that, since cigars have been smoked in their lounge since 1997, that ShoDeen has never before expressed any objections to the smoke.
This course of performance demonstrates that the parties have always intended that smoke is not an objectionable odor or other nuisance under the lease, wrote Gintaras lawyer in a July 26 brief.
Good Luck!
ST. CHARLES, ILLINOIS The owners of a cigar shop in downtown St. Charles and their landlord are locked in a court fight over whether the store can be evicted because the puffs of tobacco smoke generated at the store has become a nuisance to other tenants in the same shopping center.
This week, lawyers for Gintaras, the parent corporation for the Bull & Bear cigar shop, and Bull & Bears landlord, ShoDeen, filed arguments in Kane County Circuit Court in the lease dispute matter.
Gintaras has asked a judge to immediately rule that it has the right, under its lease, to allow patrons to smoke in a lounge in the store in the Fox Island Square shopping center, 1 W. Illinois St., St. Charles.
The motion is scheduled to be argued before a Kane County judge in Geneva on Aug. 31. The judge will then rule on whether the matter should be resolved at that time or go to trial later.
A ruling in Gintaras favor would quickly end a legal tiff that began in February. At that time, Geneva-based ShoDeen sent a notice to the owners of the Bull & Bear that other tenants had complained about cigar smoke emanating from their store, and thus, the cigar shop had violated its lease.
ShoDeen pointed to language in the lease that forbids the cigar shop from allowing any objectionable or unpleasant odors to emanate from its premises or taking any action that the landlord might deem to be a nuisance or disturb other tenants.
When Gintaras didnt move to correct the issues at ShoDeens direction, ShoDeen notified Bull & Bears owners in March that they were being evicted.
Gintaras, however, filed suit against ShoDeen, arguing that ShoDeens eviction notice had violated the lease. Gintaras said the lease expressly permits patrons to smoke cigars in the store, and, therefore, tobacco smoke, such as is generated from cigars or pipe tobacco, cannot be considered a nuisance.
According to court documents, before the matter found its way into court, the two sides had discussed the smoking issue for a year. ShoDeen representatives and at least two tenants of the building assert that smoke from the Bull & Bear routinely fills hallways and infiltrates offices on an upper floor.
According to a brief filed this week, ShoDeen initiated the action after one of its tenants complained. The tenant had been looking at renting more space within the building owned by ShoDeen, but had refused to sign any lease until the smoke issue is corrected.
Tenants say the smoke can become so dense in upper story offices that the clothing of workers in the other offices can begin to smell like tobacco smoke.
Gintaras, however, argues in the court documents that the shop has installed several smoke filters and that the problem is not as bad as the tenants and ShoDeen have indicated. They argue that if there are issues with smoke leaking into other areas of the building, it is ShoDeens job to seal any leaks.
They further argue that, since cigars have been smoked in their lounge since 1997, that ShoDeen has never before expressed any objections to the smoke.
This course of performance demonstrates that the parties have always intended that smoke is not an objectionable odor or other nuisance under the lease, wrote Gintaras lawyer in a July 26 brief.
