Operator of Slammers in Pontoon Beach locked out of premises, suit says

By The Madison County Record | Mar 13, 2014

The operator of a Pontoon Beach bar claims it has not been allowed to enter the premises it was leasing to retrieve personal possessions.

Thermopylae LLC filed a lawsuit Feb. 27 in the Madison County Circuit Court against Nameoki Property LLC and Christopher Hines.

In its complaint, Thermopylae claims it was leasing property from the defendants at 5240 Nameoki Road in Pontoon Beach out of which it was operating a bar called Slammers. However, the property was not in compliance with all state, federal and local codes and failed to pass inspections in 2013, according to the complaint.

Although the defendants knew of the inspection report and the code violations, they failed to make required repairs to the property, the suit states. 

Because of the repairs needed under the inspection report, the plaintiff was unable to open its business until Dec. 21, and was forced to spend thousands of dollars of its own money to pay for the repairs required by the inspection report, the complaint says.

The defendants have refused to repay Thermopylae for its expenditures, so Thermopylae withheld its January and February rent payments, which equaled $6,000, it claims.

On Feb. 12, the defendants locked Thermopylae out of the building and have not allowed it back in the building to gather various items, including perishable food and drinks, liquor, a computer system, three televisions, glassware, a checkbook, several LED signs and two large “Slammers” signs, according to the complaint.

Thermopylae is seeking exclusive possession of the premises, damages, lost revenue and actual damages of more than $50,000, costs and other relief the court deems just. It also seeks a permanent injunction that would force the defendants to provide it with access to the premises and prohibiting the defendants from selling Thermopylae’s property.

They are being represented by Sandra J. Tatoian of Mathis, Marifian and Richter of Edwardsville.

Madison County Circuit Court case number 14-L-323.

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