Sidebar landlord sues to evict restaurant

Owner of the Oregon District business says issue already resolved.

DAYTON — Dr. Michael Ervin and Oregon Renaissance LLC — owner of the building at 410 E. Fifth St. that houses Sidebar restaurant and lounge — filed an eviction lawsuit Friday in Montgomery County Common Pleas Court claiming to be owed $34,723 in rent, back rent, late fees, utilities and taxes.

The restaurant’s owner, Brian Higgins, said late Friday afternoon that he had paid his arrears in full.

“We satisfied everything with Dr. Ervin yesterday,” Higgins said. The restaurant owner said he has not seen the lawsuit and did not understand why it was filed, adding that it will not impact the operations of Sidebar.

Attempts to reach Dr. Ervin and Thomas Knoth, the attorney representing Ervin and Oregon Renaissance, late Friday afternoon were unsuccessful.

According to the lawsuit, Sidebar’s lease calls for the restaurant to pay all utilities, property taxes and a proportionate share of insurance costs, as well as rent.

“Sidebar has failed to pay the base rent in full for each month due (and) has also failed to timely and fully reimburse Oregon Renaissance for payment of insurance costs and real estate taxes as required by the lease,” the lawsuit says.

The lawsuit names both the restaurant and Higgins as defendants and seeks “restitution and possession of the property.”

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