Mama Mia's owner says landlord violated agreement by leasing to Los Alamos nearby

Andrea Dearden Apr. 19, 2012, 3:54am

The owner of a Wood River restaurant is suing his landlord for breach of contract.

Selim Ibraimi filed the lawsuit against Mehmet Dinceroglu on April 9 in Madison County Circuit Court.

Ibraimi says he entered into an oral agreement with Dinceroglu over rental of a restaurant in March 2011. He says he agreed to pay $120,000 for the "goodwill of a restaurant business" on West Edwardsville Road in Wood River which included all furniture and appliances.

Ibraimi says he gave Dinceroglu a cashier's checks totaling $120,000 and signed a written five-year lease that began March 1, 2011 with an option to renew for a second five-year term beginning in 2016. He says he also agreed to pay $2,500 each month for the space to operate Mama Mia's restaurant. Ibraimi says he has made about $30,000 worth of improvements to the space since moving in.

According to the complaint, the lease agreement prohibited Dinceroglu from leasing a neighboring property to any restaurant offering a full menu and could only lease to a bar serving just appetizers. Ibraimi contends the defendant violated the terms when he allowed Los Alamos Bar & Grill to open in the nearby building.

Ibraimi accuses Dinceroglu of breach of contract. He is asking the defendant to return the $120,000 payment and reimburse him for the $30,000 in improvements reportedly made to the property.

Attorneys with Burnside, Johnston & Sheafor are representing Ibraimi.

Madison County Circuit Court Case No. 12-L-436

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