Tuesday, February 15, 2022

Fine & Dandy Might not be Fine and Dandy

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:

Anonymous said...

Now Wing Stop can get that coveted space ! Lol !

Anonymous said...

we don’t have this problem in Flowood

Anonymous said...

The biggest problem with The District is that everything is bland ass white ppl food yuck

Anonymous said...

well..put a hattie b’s chicken right there. no problem paying the rent on a chicken joint in jackson

Anonymous said...

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?

Anonymous said...

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.

Anonymous said...

Great location for a Popeye's

Anonymous said...

2:14 : Soooo you have been there. What ? Trying to see how bland bland really is or or or ......casing the place ?

Mary Calendar said...

Minimal sign change could become "Dine and Spendy". Where y'at Jeff? Dan?

Anonymous said...

"notwithstanding the foregoing,"

First, we kill all the lawyers.......

Anonymous said...

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.

Anonymous said...

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.

Anonymous said...

2:13 "we don’t have this problem in Flowood"

We don't have to lie. lol

Anonymous said...

M Bar is chomping at the bit! Amphitheater is already there. Win win for all!

Anonymous said...

Great opportunity for M-Bar to open an outdoor venue.

Anonymous said...

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 ....

Anonymous said...

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"

Anonymous said...

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.

Kingfish said...

Ate there twice. Food was fine.

fed up in Jackson said...

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)

Anonymous said...

"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...

Anonymous said...

The biggest problem with The District is that it is in Jackson.

Anonymous said...

3:36 : Ok. How about the service ? Portions ?

Anonymous said...

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.

Anonymous said...

In all honesty I thought this place was a "smart" village and you had to have ID just to be there.

Anonymous said...

"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.

Anonymous said...

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.

Anonymous said...

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

Anonymous said...

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.

Anonymous said...

Wait, Flowood doesn’t have business disputes? Who knew?!?

Anonymous said...

Meh. Cut to the Chase. What kind of trees?

Anonymous said...

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

Anonymous said...

Hadn’t been near The District since Cantina Laredo was forced out!

Anonymous said...

And Panter is in over his head.

Josh will clean his clock.

Anonymous said...

Naw, tear down that uppity place and make it Buc-ee’s.

Anonymous said...

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.

Anonymous said...

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.

Anonymous said...

With inflation soaring, eating out is going to be one of the first things to become chopped expenses.

Anonymous said...

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.

Anonymous said...

Barnhills

Hookah said...

Many closed up and empty stores in Flowood. Must not be that great.

Anonymous said...

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.)

Anonymous said...

Where are the restaurants in Flowood?

Anonymous said...

The fish house on the corner of Valley and Lynch is much better.

Anonymous said...

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?

Anonymous said...

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.

Anonymous said...

@ 1:24 AM -- Along the Hwy 25 corridor, but you'll have to take your shoes and socks off to count them.

Anonymous said...

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.

Anonymous said...

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.


Theca Jones of the Roguish Gent Podcast said...

7:29

Well... Lol

Anonymous said...

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.

Anonymous said...

@10:18 AM
tl;dr
I stopped when you talked about cilantro.
People who don’t like cilantro are defective.

Anonymous said...

Heard Applebees was looking into moving into the location

Anonymous said...

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.

Anonymous said...

@ 10:18 WTF are you talking about?

Anonymous said...

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.

Anonymous said...

@10:18 AM
Definitely no character limit in the comment section. @1:27 PM, I agree about people who don't like cilantro.

Anonymous said...

10:18.
Amen.

Anonymous said...

About time for Primos MMI to open a new spot, isn’t it…cross over the county lines? I’ll be the first customer.

Anonymous said...

@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?

Anonymous said...

I mentioned @10:18 at the beginning of my comment. I meant to reference the horrible comment made by @1:43

Anonymous said...

I ate at Fine & Dandy and it was good. Waitstaff good too.
I don't like cilantro at all.

Anonymous said...

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.

Anonymous said...

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

Anonymous said...

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….

JB said...

I enjoy Fine & Dandy - I think the food is good and I like the atmosphere of the restaurant. Hate to see it go.

Anonymous said...

I hate to see it go! I enjoyed F&D.

Unknown said...

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.

Mr. Dale said...

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.

Anonymous said...

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?

Anonymous said...

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.


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
.