Things might not be so fine and dandy over at Fine & Dandy Restaurant as it tries to stave off eviction from The District while the landlord and tenant trade accusations of fraud.
Ray Miller owns Jackson Restaurant Group, dba Fine & Dandy. The restaurant resides at The District in Jackson. Facing eviction, Jackson Restaurant Group fired a pre-emptive strike at its landlord, District Phase II, LLC and District Holdings, LLC on December 13, 2021 in Hinds County Chancery Court.
The plaintiffs accuse the landlord of lying about the rent. Fine & Dandy paid rent and the District's operating expenses for the restaurant such as utilities, taxes, valet service, and maintenance. The complaint claims the total operating expenses would be capped at $5.50 per square foot ($31,152 per year or $2,596 @ 5,664 square feet.) for the first year and that it would not increase more than 5% per year. The landlord would allegedly pay any overage.
However, The District began charging Fine & Dandy $9.58 per square foot for operating expenses in the second year. The increase translated to $4,522 per month.
The lease said Fine & Dandy wouldn't suffer more than 5% a year increase in controllable operating expenses. However, that particular language in the lease included the clause "notwithstanding the foregoing,". The foregoing stated the landlord will submit an estimate of such expenses for the "upcoming year" prior to January 1. The tenant shall pay 1/12 of the amount each month. The tenant had the right to verify the expense in The District's books. (p.17 in counterclaim.).
Fine & Dandy fell behind on its rent. The District claims the restaurant owed $131,376 in rent, expenses, and interest on December 31. The complaint states The District threatened to evict the restaurant if it did not catch up on its rent by December 15.
Mr. Miller asked the court to declare the lease to be fraudulent and refund the $2.2 million it spent on the restaurant prior to the lease. The complaint also asked the court to declare The District guilty of misrepresentation and void the lease. He asked the court to issue a declaratory judgment on his duty to pay the operating expenses as he argued The District should not have underestimated the operating expenses by more than 50%.
He also claimed the landlord breached its duty in allowing trees to obscure the restaurant's signage.
The District said that is all fine and dandy but not so fast, my friend as it sued the plaintiffs in turn with a counterclaim and its own allegations of fraud.
The counterclaim states Mr. Miller submitted an altered lease to the Court. The lease he submitted states Jackson Restaurant Group is responsible for the rent (p.16 in complaint.)
The District submitted the "real" lease that stated Miller Hospitality, LLC is responsible for the rent. (p.12 of answer and counterclaim posted below.) Ray Miller owns Miller Hospitality. The counterclaim asks the Court to add the company to the lawsuit.
The answer charges Mr. Miller is suing in an effort to stave off eviction. The District claims Fine & Dandy has repeatedly defaulted in making full payments of rent on time "since the inception of the lease" and that multiple rent checks have bounced.
The District asked the Court to declare Fine & Dandy in default on the lease and evict the restaurant from the premises. It seeks removal of all Fine & Dandy property, attorney's fees, all unpaid rents and interest, and a judgment against Ray Miller as guarantor.
Attorney Craig Painter represents the plaintiffs while Attorney Josh Weiner of Butler Snow represents defendants. The case is assigned to Chancellor Denise Sweet-Owens.
Note: A ledger starts on p.67 of the counterclaim posted below.
71 comments:
Now Wing Stop can get that coveted space ! Lol !
we don’t have this problem in Flowood
The biggest problem with The District is that everything is bland ass white ppl food yuck
well..put a hattie b’s chicken right there. no problem paying the rent on a chicken joint in jackson
Just can't imagine why folks don't flock to the "upscale" Interstate Donut Show and Drive By Shooting Range. I mean, look, these old rich people have gotten tax dodging down to a fine art. You'd think they could dodge a bullet AND another type of financial obligation at the same time.
What is the Lower, Lower, Lower, Lower East Side coming to? Can't a man serve overpriced slop and pretend it's fine dining anymore?
Over priced tator tots that they brag they didn't make. So kroger tator tots and warm beer. I stopped going a long time ago.
Great location for a Popeye's
2:14 : Soooo you have been there. What ? Trying to see how bland bland really is or or or ......casing the place ?
Minimal sign change could become "Dine and Spendy". Where y'at Jeff? Dan?
"notwithstanding the foregoing,"
First, we kill all the lawyers.......
I have been wondering for years how they stay open. Never anyone there. Food is so over priced. The owner and the original chef were so arrogant about the place that it made me sick. I went once... that was enough.
I went here for lunch on Monday. I paid a premium for small portions and slow service. Lunch took 90 minutes. Thankfully I didn't get in trouble at work.
2:13 "we don’t have this problem in Flowood"
We don't have to lie. lol
M Bar is chomping at the bit! Amphitheater is already there. Win win for all!
Great opportunity for M-Bar to open an outdoor venue.
That place is becoming a Bermuda Triangle for restaurants. First they ran off The fancy Mexican joint to pave way for the Fine & Dandy group. Now this. Might I say Karma is a ....
The F&D guys were the geniuses that came up with the Sophomore Spanish Club concept. Proof that they aren't the sharpest business folks around. To quote the Donald..."they're a total disaster"
A restaurant that idolizes Betty White & Saved By The Bell has to only cater to a certain crowd. I may be wrong, but I don't think so. Fondren/Belhaven chic eclectic only goes so far. It's been my experience "so far" is measured by people who think WAY too highly of themselves.
Ate there twice. Food was fine.
it's a good restaurant and I hate to see this. They seem to have gotten a manager now that cares to deliver a good product. We support both restaurants there, and all of the food vendors. Some times bad service just happens, but it is rare (I'm sure it happens in flowood too)
"The owner and the original chef were so arrogant about the place that it made me sick."
Can't opine on the owner but spot on about the original chef. Talented guy but as usual with anything he touches, it starts with a bang and ends with a whimper...
The biggest problem with The District is that it is in Jackson.
3:36 : Ok. How about the service ? Portions ?
Its okay. My daughter and her friends like it. Its overpriced but I don't mind it.
But no one is ever there. Not surprised to read they have had trouble.
In all honesty I thought this place was a "smart" village and you had to have ID just to be there.
"The biggest problem with The District is that everything is bland ass white ppl food yuck"
February 15, 2022 at 2:14 PM make assumptions much about places you've never been??? Check out their food hall if you're looking for a multicultural experience.
I work in another area but felt the need to defend this place. They don't deserve all your anonymous criticism for trying to do something nice in the City.
This place and the Sophomore Spanish Club both gave me a serious “reddit” vibe but Jackson isn’t a reddit town. Jackson is a Fox News and WorldStar Hiphop kinda town. A buffet battlefield for big bellies.
Shame. Ray Miller knows very little about a restaurant but is well heeled.
Hate it because they are trying.
Personally the food is not great and the facilities are small and hard to get to.
Hope someone can make a good venue work there.
Maybe keifers can open another branch
The last decent restaurant in The District was Cantina Laredo. Sophomore Spanish Club was just awful. As is Fine and Dandy. Sal and Mookies is ok but nothing special.
Wait, Flowood doesn’t have business disputes? Who knew?!?
Meh. Cut to the Chase. What kind of trees?
Change to Wine and Candy and have a haven for drunk soccer moms from the area and candy for their kids…. Headed to copyright the idea…. Lol
Hadn’t been near The District since Cantina Laredo was forced out!
And Panter is in over his head.
Josh will clean his clock.
Naw, tear down that uppity place and make it Buc-ee’s.
Had lunch there about a month ago. Food, service, and atmosphere were all quite good. I wasn't paying, so didn't pay attention to the prices. There weren't many other customers there, though.
Dear Lord,
Please let Bulldog Burger take over the Fine & Dandy spot! I promise I'll go to church every Sunday and even give the hobos on the I/55 Northside corners money on a regular basis!
In your name, I pray. Amen.
With inflation soaring, eating out is going to be one of the first things to become chopped expenses.
Little Ray is a good dude with zero business sense or understanding of money; good at spending others money…let Big Ray get in on it and it he may fix it.
Barnhills
Many closed up and empty stores in Flowood. Must not be that great.
7:07 with one of the best ideas I've ever read in the comment section. (I know this isn't saying much but, credit where credit's due.)
Where are the restaurants in Flowood?
The fish house on the corner of Valley and Lynch is much better.
Not sure why all the hate between flowood madison and Jackson people
I live in Jackson and a physician at sports medicine I treat patients in all 3 facilities flowood madison Jackson. Everyone seems fine to me. Many other physicians in the group live in Jackson and it’s never a issue or mentioned. Why so on here?
I work in the District, and I NEVER eat at any of the restaurants there (at least not on my dime). They are over-priced and mediocre at best. I guess I'm just not a hip person.
@ 1:24 AM -- Along the Hwy 25 corridor, but you'll have to take your shoes and socks off to count them.
Everything good fails at the District. Even the cafeteria place never has anyone in it. The only good thing about about the District is Fine & Dandy. It is the only place in there that has customers. Just tough to get to.
I live in Rankin but I enjoy the food at F & D and Cultivation.
I am not a fan of Sal & Mookies personally.
I will agree it is all over priced for what it is and the service is hit or miss at best.
But I would hate to see them fail.
7:29
Well... Lol
Cantina Laredo might have made it if they had (like many other Mexican restaurants that failed) not relied totally on cilantro for flavor. As a result they lost the market that is adverse to cilantro.
As for the rest of you, Flowood only has one restaurant I'd call upscale fine dining and three that are clones of their original restaurants.
The problem with the clones is they seem to attract loud and badly attired customers who have zero consideration for their fellow dinners desire to be able to converse at a table. And, there's nothing that spoils a meal like looking up and seeing the person at the next table chewing and talking with a mouth full of food.
And,none of you seem to appreciate that the pandemic has impacted all the better/non-chain restaurants far more than smaller market venues.
I think the District made a poor long term decision to increase rent at this time in our economic history.
As the comments above indicate, I sadly accept that we no longer live in a time where civility, elegance and excellence in all endeavors are goals. We don't mind our own business but can't wait to jump into any and all disputes with little to no detailed knowledge.
It's all about the money and doing whatever the hell you makes you feel good despite any adverse effects on even your own children and society as a whole. The bullies, troublemakers,gossips, show offs and half wits have found one another so as to no longer be isolated or negated in your own towns where your flaws have been glaring. And,the unethical rich use you as pawns.
Dummies, any business failure and policy mistake in Mississippi adversely affects the State as a whole.
Did you imagine Fine and Dandy doesn't pay wages and taxes and some of their employees may not be located in Jackson?
Are you that self-centered and filled with envy and hate of any who might do better than you have done?
As for me, I'd be thrilled for you to experience the difference in mass food preparation and that prepared in the kitchen by chefs. And, to know that something well made will last and in the long run, be cheaper for you and a lasting asset to society as a whole.
You are trashing that about which you claim to feel nostalgic. You've forgotten you got the " crumbs" from the old " elite" and can't see that is all you will get in the future from the new " Astors and Vanderbilts and Morgans". Yes, you'll be able to look down on those of color and other religions with impunity, but you will get more than that. Your sons won't be accepted socially by those you back and you'll, like then, be expected to " stay in your place".
You should have seized the opportunity to have a better place while you still could by studying hard and learning how to succeed in life rather than being resentful and defensive.
@10:18 AM
tl;dr
I stopped when you talked about cilantro.
People who don’t like cilantro are defective.
Heard Applebees was looking into moving into the location
I hate to see hard working, entrepreneurial people with the stones to open up their own business, go under because of unforeseen market conditions. If it's mismanagement, that's another issue.
@ 10:18 WTF are you talking about?
You can never go wrong with a Golden Corral......Food for the masses and massive. Right up Jackson's alley. An upscale strip club with lots of outside neon would thrive next to the aforementioned Golden Corral.
@10:18 AM
Definitely no character limit in the comment section. @1:27 PM, I agree about people who don't like cilantro.
10:18.
Amen.
About time for Primos MMI to open a new spot, isn’t it…cross over the county lines? I’ll be the first customer.
@10:18 your post is completely of poor taste. It is so sad how our society treats local business people who try to do good. I cannot fathom how people write such horrible things about others, especially a company who did its best during the pandemic, I was a customer that went to the grocery store they turned their restaurant into and saw them employing people when my own job laid me off during covid. The only facts I see in the blog post is the lawsuit from fine and dandy to the district. Where is the legal paperwork showing that fine and dandy didn’t pay its bills and is being evicted?
I mentioned @10:18 at the beginning of my comment. I meant to reference the horrible comment made by @1:43
I ate at Fine & Dandy and it was good. Waitstaff good too.
I don't like cilantro at all.
The landlords are real geniuses also. Going with the same tenant for your two anchor restaurants...Not to mention a chef with multiple failed restaurants.
The ability to enjoy cilantro is genetic. Either it tastes like soap (you don’t have the gene to enjoy the taste) or you like it and can taste it (you have the gene). https://flavourjournal.biomedcentral.com/articles/10.1186/2044-7248-1-22
I have dined at Fine & Dandy several times. The food was really good. Overpriced? Yes, but still very good! The portions were small considering the price but the burgers, milkshakes, etc were great. Service and decor was very nice as well. It was a great place to go on a summer evening, have dinner and then sit out on the lawn in front. I’m not saying anybody is a good or bad business man but they opened up a restaurant and brought something different to Jackson. We should all hope that the owners find success down the road in Jackson rather than bash people most of you don’t know. I bet a lot of these commenters have never stepped foot on the District. This city has a lot of problems but there still is hope and Jackson could become a better city in the future once Lumbachuk is out of office. You all need to stay positive. JJ is starting to become a blog that only hates on Jxn. At least the commenters. DO BETTER….
I enjoy Fine & Dandy - I think the food is good and I like the atmosphere of the restaurant. Hate to see it go.
I hate to see it go! I enjoyed F&D.
I don’t get the hate on here. Everything I have ever eaten from there has been really good, particularly the pancakes and the burger! But even if it wasn’t, no sense in being an asshole- peoples lives are being affected here and that is sad.
1. Fraud is a buzz & counter buzz word. Lease does say "5% limit in controllable expenses" & "any operating expenses over the expense cap shall be paid by the landlord" (Lease P6) It also says "absolute net lease" (P5) apparent conflict - might go in favor of the non-drafting party (the tenant).
2. Entrepreneurs investing time & money in Jackson is good - there's other places for fried chicken - business or occasion meal F&D nice. backoff, apologize, keep the tenant.
I’m with the restaurant owner on this one. Who would want to lease a space in the district after seeing how this landlord operates?
I know I’m commenting on this super late but after scrolling through the comment section I had to say something. Reading all these comments form people who enjoyed the food made me crack up. Y’all I used to work there, literally everything was frozen. The meat, the potatoes, the chicken, all of it. When it opens the bins were fresh the meat was ground in house and everything was made from scratch. In the end we switched to frozen pre prepared foods but still charged y’all the same price. So if you really enjoyed the food towards the end of this place being open and didn’t mind paying the same price for lower quality meals then you just have extremely poor taste. Also the things I could tell you about the management there would have your jaws on the floor.
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