Lawsuit seeks to evict south Moorhead pub and other businesses
MOORHEAD — A complaint has been filed to evict O'Leary's Irish Pub, O'Leary's Liquors and the now closed Craic Haus Coffee and Deli from their south Moorhead locations, as the owner of the buildings seeks to recoup about $300,000 in unpaid rent, late fees, other charges, and attorney and witness fees, Clay County District Court records show.
One of the businesses, Craic Haus at 805 30th Ave. S. in the Bridgeview Mall , has already been shuttered and vacated the building. The complaint says the Minnesota corporation under which Craic Haus was run has been dissolved.
But the pub at 808 30th Ave. S. on the north end of the Southmoore Mall, and the liquor store at 805 30th Ave. So. Unit No. 102 in the Bridgeview Mall, were open Friday, Sept. 21.
As of Sept. 7, 2018, the pub was behind $80,937 in rent and other fees, while the liquor store was behind $157,906 in rent and other charges and fees, the complaint said.
The coffee shop had failed to pay $63,649 in rent and other fees, the complaint said.
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Written notice was sent Aug. 7 for those businesses to vacate those locations, the complaint said.
MIG Properties CIP12/Southmoore, LLC and MIG Properties Bridgeview, LLC, filed the complaint Sept. 11, court documents say. Ken Martin signed the lease agreements for MIG Properties.
In the complaint, a company called RLWRHC, Inc. was doing business as O'Leary's Irish Pub, while RPWPHP, Inc. was doing business as O'Leary's Liquors. Craic Haus started in 2015 in a former Atomic Coffee location.
The complaint says the pub, liquor store and coffee shop have a common owner, Barrett Prody.
Prody said Monday, Sept. 24, that the landlord had failed to reimburse him for the fit-up costs for his businesses. He said he was told he'd get his money "down the road," yet, "Down the road nothing happened."
Prody said he's owed at least $100,000 beyond the rent MIG Properties claims it is owed. Common area maintenance charges also appear to be out of line, Prody said, such as $500 a month for lawn mowing with little grass on the sites.
"My only recourse would be to try to get it (fit-up costs) back through the rent," Prody said. "I am still hopeful and optimistic that we come to some kind of settlement."
James Teigland, an attorney representing MIG Properties, said in an email Tuesday, Sept. 25, that his client didn't want to comment "on the pending litigation and we intend to allow the litigation process to speak for itself."
Prody is the former owner of JT Cigarro in Fargo , which closed in January 2015.
The closure came not long after he was charged with allegedly breaking his fiancee's ribs after a night of drinking in late 2014 . He had been charged with a felony and two misdemeanors in that case, but it was closed in 2015 with a guilty plea to a misdemeanor assault charge.
Prody sold the JT Cigarro liquor license to the owners of the Roundup at 4501 Urban Plains Drive S., a city auditor's office official said Monday, Sept. 24.
Prody had taken ownership of JT Cigarro, a bar and restaurant at 4554 7th Ave. S., Fargo, in 2013, amid concerns from city leaders regarding his criminal record.
The Fargo City Commission agreed to transfer the bar's liquor license to Prody and his business partner, Kevin Mahan, on the condition that they keep their criminal records clean. Mahan had a 2007 DWI conviction in Otter Tail County, Minn.
Prody had previous Cass County convictions for obstructing a police officer (an infraction) and misdemeanor reckless endangerment. He had also been convicted in Otter Tail County in 2007 for having an open bottle in a vehicle and was convicted of reckless driving in 2012 in Cass County.
In 2009, Prody also attracted media coverage for founding a website called Society Against Legal Injustice to raise money for former NFL star O.J. Simpson, who at one time was the boyfriend of Prody's sister, Christine Prody , the Associated Press reported at the time.