Local Dairy Queen sued for not vacating premises

Kelly Holleran Nov. 21, 2008, 5:21am

The owner of a Collinsville property has filed suit against Dairy Queen of Greater St. Louis, alleging it refuses to vacate her premises after she terminated a lease agreement with the company.

Beatrice M. Klem owns real estate at 827 Vandalia in Collinsville and entered into a lease agreement with Dairy Queen on Nov. 22, 2005, in which Dairy Queen agreed to pay $850 per month through Dec. 31, 2010, to lease the premises, according to a case filed Nov. 18 in Madison County Circuit Court.

But when Klem terminated the lease agreement on Oct. 28 and demanded Dairy Queen deliver possession of the leased premises to her by Nov. 7, it has failed and refused to do so, the suit states.

"The defendant, Dairy Queen of Greater St. Louis, Inc., is unlawfully withholding possession of the leased premises," the suit states.

Klem claims Dairy Queen has not paid rent since Sept. 1.

She is seeking immediate possession of the premises, plus rent due, utility expenses, real estate taxes, insurance premiums, a minimum of $500,000 public liability insurance, attorney's fees, costs and prejudgment and post-judgment interest.

B. Jay Dowling of Sterling and Dowling in Fairview Heights will be representing her.

Madison County Circuit Court case number: 08-L-1095.

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