Saturday, December 19, 2009

Is a landlord trying to jack Ely's?

Copy of lawsuit and counterclaim

Jackson Street Property Management filed suit in Madison County Court on November 10, 2009 against Ely's Restaurant for breach of contract. The plaintiff is the landlord of Ely's and claims it is owed thousands of dollars in unpaid rent. Ely's is owned by Richard Shapley.

Jackson Street claims, are you ready for this?, it resurveyed the building and suddenly discovered Ely's "occupied 270 square feet more than the 3000 square feet indicated in the lease". Jackson Street then demanded back rent for the extra 270 square feet from the date when Ely's first assumed the lease. Oddly enough, Jackson Street didn't include a copy of the lease in the lawsuit, claiming it was "voluminous and Ely's has a copy of that lease or has access to a copy of that lease." Hey Jackson, what about the judge? remember him? He might want a copy of the lease if he is going to adjudicate your suit. Jackson claims Ely's owes him $6,846 for the additional space and wants to charge him an additional $528.75 a month for the additional square feet. Oh, and he wants attorney's fees paid by Ely's as well.

Mr. Shapley was having none of it and fired back with a demand for $500,000 in his own counterclaim as he accused John F. Campbell, the owner of Jackson Street, of dealing with him in bad faith and harassing him so he would terminate his lease early. He also claimed Campbell
1. Failed to install a dumpster
2. Backcharged Ely's for water usage which wasn't the restaurant's responsibility.
3. Tried to stick Ely's with the HFAC maintenance contract
4. Required Ely's to carry higher insurance policy limits than the lease specified
5. Failed to maintain appearance and condition.
6. Attempted to collect more rent than was owed.

Mr. Shapley also alleged Campbell failed to market the property. This blogger has wondered exactly what was going on with Town Centre over the years as it is vacant but for Ely's and another tenant as Mr. Shapley claims. While Town Centre has withered on the vine, nearby developments built more recently have had no problems filling up with tenants. One would think such a development in a prime location of Ridgeland would have no such problem but this has obviously not been the case as it appears Mr. Campbell built a new-fangled ghosttown in the middle of Ridgeland (Remember Odyssey?). It should also be noted Mr. Campbell's address is listed in the Virgin Islands.

What is interesting in this case is the plaintiff apparently claims he reserved the right to "discover" any changes in square footage and then demand payment of rent for the "new" space from the inception of the lease. One can not imagine any tenant agreeing to such a clause as it is open-ended and not reasonable by any interpretation of the word. Mr. Shapley could theoretically be on the hook for tens of thousands of dollars if our carpetbagger "discovered" an error in the measurement of the leased space ten years later and then demanded his tenant pay him for the "extra" space. One would think the error in calculating square feet would lie with Mr. Campbell as he was the one who had the property surveyed. It hardly seems fair to make a tenant pay for mistakes made by his surveyor nearly two years after the fact. However, that is why we have a court and that is where these things are decided.

Stay tuned.

13 comments:

Epicurian Aequitas said...

It's a testament to the quality of the food and service at Ely's that it has thrived for two years despite the landlord.

The beautiful thing is that the suit was filed by Mr. Shapley's uncle, Chris Shapley. If there's one lawyer I don't want opposite me, it's him.

All this talk about Ely's has me craving a filet. I think I'll make a reservation for early next week. Thanks, KF.

Kingfish said...

Its a BS lawsuit.

Anonymous said...

Which one?

Kingfish said...

The one by the landlord. Nice trick, resurvey and discover its nearly 300 ft larger than you originally told the tenant when you negotiated the lease and then demand back rent for nearly two years for the difference. Its very sleazy.

Anonymous said...

WHAT HAPPENED TO THE BLOG BY THE SWINDLER OTHOR CAIN GO?

www.othorcainreport.com

Anonymous said...

Good job - Kingfish!
It is reassuring that you are there to report on sleazy and bad faith tactics made by Carpetbaggers seaking to exploit GoZone benefits!
Shame on Jackson Street Property Management and John F. Campbell.

Anonymous said...

what a piece of shit of a landlord.... who would want to rent from someone like that?

Anonymous said...

One has to wonder how other tenants of Mr Campbell are treated.

Anonymous said...

This guy seriously claims he didn't know how big HIS OWN property was when he rented it out? And that is the tenant's fault?

Who said it's 99% of lawyers who give the rest a bad name? ;-)

Anonymous said...

Fer cryin' out loud, what an load of bullcookies.

Kingfish said...

His blog hasn't been up for several days. Don't know what is going on.

Anonymous said...

Kudos for all the trashing and personal attacking!

Kingfish said...

People are allowed to have an opinion. If I think its sleazy tactics I can say its sleazy tactics. Readers can read both lawsuits for themselves and post an opinion. Its called free speech and freedom of thought. You should try it some time


Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.