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Updated: 6:07 p.m. Tuesday, May 29, 2012 | Posted: 5:56 p.m. Tuesday, May 29, 2012
By Mark Fisher
Staff Writer
A U.S. Bankruptcy Court judge has ruled against Pavilion Grille owner Fred McGhee’s effort to block his landlord from seizing the restaurant just weeks before the potentially lucrative Fraze Pavilion concert season starts.
“We are closed,” McGhee said of the Pavilion Grille, 580 Lincoln Park Blvd., adjacent to the Fraze in a space that formerly held Norton’s Grille and before that Lincoln Park Grille. Fraze concerts traditionally have drawn throngs of patrons to the restaurant-bar and its outdoor patio. What happens next wasn’t immediately clear Tuesday, although McGhee said there “will be no restaurant for the upcoming Fraze season.”
U.S. Bankruptcy Court Judge Guy R. Humphrey heard testimony Friday from McGhee and from property manager Michelle Atkinson before filing his decision in favor of Scottsdale, Ariz.-based Healthcare Trust of America (HTA), which owns the Lincoln Park building that houses the restaurant.
Atkinson on Tuesday referred all questions regarding the future of the restaurant space to HTA Marketing Manager Lauren Fox Principe, who did not return phone calls.
McGhee said he’ll “be looking in Kettering to open another spot” after this summer. He filed for personal Chapter 13 reorganization bankruptcy earlier this month prior to the landlord changing the locks on the Pavilion Grille on May 14. McGhee’s attorneys argued that the bankruptcy filing made the landlord’s subsequent seizure of the restaurant improper. But attorneys for HealthCare Trust of America countered by arguing that the action was taken not against McGhee, but against the corporation that owns Pavilion Grille and which has not sought bankruptcy protection.
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