Dayton sues Chicken Spot alleging unpaid federal COVID relief money

Proposed restaurant Chicken Head’s never opened after receiving city grant funds

Credit: DaytonDailyNews

The city of Dayton has sued Chicken Spot LLC for allegedly failing to show how the company used federal COVID relief funds that were awarded for a new restaurant that never opened on North Main Street in the Riverdale neighborhood.

Chicken Spot received about $128,000 in grant funds. The legal complaint filed in the Montgomery County Common Pleas Court says the city is seeking repayment of $48,000 that the company’s ownership has failed to document or fully explain how it was used.

Contacted by the Dayton Daily News on Saturday, Chicken Spot owner Anthony Head said he was unaware of the lawsuit and could not comment at this time.

A Dayton Daily News investigation a year ago found that the city awarded more than half a million dollars of its $138 million in federal pandemic recovery funds to community and business-related projects that failed to move forward or did not reach the finish line. However, the city rescinded most of those awards before the grant dollars were distributed.

Anthony Head, owner of Chicken Spot LLC, was awarded $178,000 from the city of Dayton to renovate this building at 865 N. Main St. into a new restaurant called Chicken Head's. The city alleges ownership has not explained how it spent $48,000. The city wants that grant funding repaid. CORNELIUS FROLIK / STAFF

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Chicken Head

Chef Head said he wanted to convert the empty Quincy’s restaurant at 865 N. Main St. into a new restaurant called Chicken Head’s. In early 2023, the Dayton City Commission approved a $178,000 grant for the project and the city gave Head a $128,000 upfront, lump sum payment.

A city manager’s report says the money would help Head purchase two properties next to Quincy’s to create space for parking and a drive-thru lane. Other proposed grant-funded investments included architectural plans, surveys, lighting and other site and building improvements.

The grant agreement required Chicken Spot to submit monthly expenditure and progress reports and keep documentation on how it spent city funds.

The legal complaint says Chicken Spot provided documentation that accounted for about $80,000 worth of expenses, but the company has failed to provide records showing how it spent $48,000.

A "coming soon" sign hangs in the window of the vacant commercial building at 865 N. Main St. in Dayton. Anthony Head, owner of Chicken Spot LLC, was awarded $178,000 from the city of Dayton to renovate this building at 865 N. Main St. into a new restaurant called Chicken Head's. The city alleges ownership has not explained how it spent $48,000. The city wants that grant funding repaid. CORNELIUS FROLIK / STAFF

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Attorneys for the city sent letters to Chicken Spot requesting financial documentation between the spring of 2024 and early 2025 but did not receive a response, the lawsuit says. Dayton claims that Head in early 2025 informed the city that Chicken Spot would be unable to repay the funds.

Head purchased the Quincy’s property for $330,000 in late 2021 and paid $60,000 for the adjacent home in early 2023, according to Montgomery County Auditor records.

A year ago, Head told this newspaper he was still trying to open Chicken Head’s. He used to run a business called the Chicken Spot in northwest Dayton, but that shut down in early 2021. He also operated a ghost kitchen in Kettering.

Anthony Head, owner of Chicken Spot LLC, received $128,000 from the city of Dayton to renovate this building at 865 N. Main St. into a new restaurant called Chicken Head's. The restaurant never opened and the city alleges ownership has not explained how it spent $48,000 of the money it received. The city has filed a lawsuit seeking repayment of that grant funding. CORNELIUS FROLIK / STAFF

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Chicken Spot was one of about 40 projects that the city awarded grants to from its $138 million in American Rescue Plan Act allocation, which was one of the largest federal grants the city has ever received. Several other projects that received awards did not pan out as planned, though their funding was never distributed.

The Dayton Recovery Plan grant funds were in high demand, as evidenced by the 140 grant applications the city received.

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