Landlord succeeds in evicting Mulligans over disputed fees

(Park Record) Mulligans Irish Pub has been told leave lower Main Street by March 15.

Owner John Sutton and his attorney are trying to appeal that date and want a whole month to vacate, but he will have to find somewhere other than 804 Main Street from which to operate his business for not paying $13,000 in overdue rent.

Earlier this month, Sutton told 3rd District Court judge Robert Hilder that he didn't pay the rent because he questioned his landlord's accounting. He called NNN Summit Watch's invoices suspicious and wanted a forensic accountant to make sense of the landlord's claim of $50,000.

In a decision made earlier this week, Hilder reserved judgment on the exact amount owed suggesting he, too, had trouble reconciling the claims but said that since $13,000 was agreed upon, Sutton deserved eviction for not paying at least that amount.

Hilder also said in the decision that the burden was on the landlord to prove what is owed both for contested expenses marketing The Shops at The Village on Main and other Common Areas Maintenance (CAM) fees.

"There's going to be evidentiary hearings on money," Sutton said. "So the case is not resolved. Why should I have to leave before it's resolved?" he said.

The decision appears to be a victory for NNN Summit Watch, but as in the earlier eviction of The Alpine Internet Café the first week of February, both parties still contest the amount they owe.

Original Article