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Developer Files Lawsuit To Evict Jamestown Brewing Company

Jamestown Brewing Company, P-J file photo

A local developer has filed a lawsuit in state Supreme Court in Erie County seeking to evict Jamestown Brewing Company from its downtown Jamestown location.

The suit, filed Tuesday by Buffalo attorney Matthew Miller of Rupp Baase Pfalzgraf Cunningham LLC, signals the latest in a series of escalating legal disputes between the owner of the former W.T. Grant building at the corner of Third and Washington streets and the brewery.

GPatti Enterprises claims Jamestown Brewing Company, operated by John McClellan I and John McClellan II, owes more than $85,000 in base rent. JBC first entered into a lease agreement for use of the building in August 2017.

The 115-121 W. Third St. brewery opened for business in July 2019, but briefly closed after a delay in receiving its state liquor license. The license was received in September 2019.

In the lawsuit, GPatti Enterprises states JBC made “partial rent payments” in the amount of $10,000 in November 2019 and $5,000 in December 2019, which the developer said represented a “minuscule 17.5% of the $85,758.50 base rent owed.”

“Despite trying to work with JBC, only a tiny portion of the base rent due has been paid,” the lawsuit claims. “By way of context, JBC also has failed to pay any of its other rent obligations required by the lease agreement, including the construction rent, additional rent, percentage rent or TI interest. Similarly, JBC has failed to make any of its contractual utility payments or tax payments.”

“Left with no option, GPatti hereby seeks to exercise its right under the lease to, ‘through summary proceedings reenter and take possession of the premises, repossess the same, expel (JBC) and those claiming through or under (JBC), and remove the effects of both or either,'” the lawsuit continues.

JBC did not immediately return a call seeking comment Tuesday.

See Wednesday’s edition for more coverage.

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