Mooresville Subway owner forcibly vac...

Mooresville Subway owner forcibly vacated

There are 1 comment on the The Times story from Oct 7, 2010, titled Mooresville Subway owner forcibly vacated. In it, The Times reports that:

MOORESVILLE The Mooresville Subway has been forcibly closed, and the franchise owner, Brian Smith of Indianapolis, was evicted from the premises on Friday, according to a Morgan Co ... Please log in at right to read the rest of this story.

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“YOUR DREAMING AGAIN!”

Since: Nov 08

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#1 Oct 8, 2010
The Mooresville Subway has been forcibly closed, and the franchise owner, Brian Smith of Indianapolis, was evicted from the premises on Friday, according to a Morgan County Sheriff’s Department report.

The restaurant, at 399 W. Carlisle St. Suite 1 in Mooresville, is referred to as Store No. 7676 in the report, and chief deputy Robert Downey said police assisted Subway Real Estate Corp., the plaintiff, in closing it down. Signs were posted at the driveup window and the order station saying the restaurant was temporarily closed.

Subway Real Estate Corp. is a Delaware company that serves as the leasing entity for the Doctor’s Associates Inc. or Subway sandwich shops in the United States. The Subway franchise owner is a sub-tenant of the corporation under a master lease with Raesta Inc. and its successors.

According to the report, Smith entered a franchise agreement with Doctor’s Associates Inc. on Aug. 19, 2003, for the operation of a Subway Restaurant Franchise. It went on to say that Smith had breached the sublease and the franchise agreement and had not complied with Morgan County Superior Court’s arbitration proceedings on Sept. 9. The court terminated the agreement, but Smith remained in possession of the Subway and continued to operate it as such from Sept. 9 to the closing on Oct. 1.

The report stated that additional expenses have continued to accrue, including additional rents, delinquency fees, daily damages of $250 for each day after the termination and other damages.

Subway leasing officials were contacted before press time, but they would not comment on the case due to upcoming legal proceedings.

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