LR eatery sued over back rent

The owner of the building at 315 Main St. in Little Rock has filed a lawsuit seeking delinquent rent from the owners of Porter’s Jazz Cafe. The lawsuit and an eviction notice could be dropped if Porter’s moved its kitchen exhaust fan (shown) so it doesn’t overhang The Rose Law Firm parking lot.
The owner of the building at 315 Main St. in Little Rock has filed a lawsuit seeking delinquent rent from the owners of Porter’s Jazz Cafe. The lawsuit and an eviction notice could be dropped if Porter’s moved its kitchen exhaust fan (shown) so it doesn’t overhang The Rose Law Firm parking lot.

— The owner of the old Gus Blass Co. building at 315 Main St. has sued for back rent from the owners of Porter’s Jazz Cafe on the first floor and in the basement of the building.

K Lofts, which is owned by Oregon-based Reed Realty Advisors, filed suit in Pulaski County Circuit Court on Jan. 4 alleging that the Little Rock restaurant failed to pay $10,212 for December and January rent. Reed Realty also sent an eviction notice Dec. 27 contingent on payment of the overdue rent.

But Scott Reed, managing director of Reed Realty, said Tuesday that the lawsuit could be dropped if Porter’s moved its kitchen exhaust fan so it wasn’t overhanging the Rose Law Firm parking lot.

Though not mentioned in the lawsuit, Reed said in a phone interview that the exhaust fan is “the single biggest issue.”

“We need to get the kitchen vent exhaust moved,” he said. “That’s the biggest thing we want done. What I don’t want is a vacant jazz club. We just need to make sure we keep our neighbors happy.”

According to Scott Joiner, Rose Law Firm managing partner, the exhaust fan spews grease residue onto cars in the parking lot.

“We’ve asked Porter’s to move it, and we assume it will be done,” Joiner said.

Reed said he was not sure how much moving the vent would cost, but said that it is Porter’s kitchen and Porter’s responsibility to move it.

The exhaust is on the south side of the building and leads directly into the kitchen. Reed said the exhaust could be moved to the roof or the alley on the east side.

Calls to Porter’s co-owner Marcell Dean were not returned Tuesday; contact information for the other two co-owners — Augusta Farver Jr. and Milton Shannon — was unavailable. All three owners and the restaurant are listed in the eviction lawsuit.

The suit seeks payment for two months’ rent, attorney’s fees and other costs, should Porter’s be evicted.

Despite the lawsuit, Reed said he likes the owners of Porter’s and wants them to be successful.

“We want them to be there a long time,” Reed said. “But we need to keep things under control.”

The owners of Porter’s and Reed had a telephone conference scheduled for Tuesday night to discuss the issues. Reed said he hoped to be able to announce today that the conflict had been resolved.

Porter’s opened in September after delays in construction.

Reed Realty spent about $3 million fixing up the building while trying to maintain some of the 111-year-old building’s historical aspects. The project also included apartments on the upper floors of the building. Reed said the apartments are not yet ready to rent.

Reed Realty also owes the county $5,545 in delinquent taxes on the Main Street property. Reed said he had just learned of the issue from Arkansas Business and is looking into it.

In November, Porter’s scaled back its business. Now it is serving lunch only on Thursdays and Fridays. It continues serving dinner Monday through Saturday and brunch on Sunday.

Should Porter’s have to close as a result of the lawsuit or exhaust dispute, “it would be a setback for Main Street,” said Sharon Priest, executive director of the Downtown Little Rock Partnership.

“Porter’s is the first new thing since we started the Main Street [revitalization]; it would be a shame to see it go away,” Priest said.

Business, Pages 25 on 02/08/2012

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