Lawrenceburg Redevelopment Commission Sues After Restaurant Leaves Town

Friday, August 16, 2019 at 6:58 AM

By Mike Perleberg @mikedup84

The lawsuit filed this week alleges the owners of the former Hickory House BBQ breached a grant agreement.

File photo

(Lawrenceburg, Ind.) - The Lawrenceburg Redevelopment Commission is suing two restaurant owners for allegedly breaking a grant agreement.

The commission awarded an $80,000 grant to Suzi Nugent-Randall and Kevin Anderson in 2017 when they opened Hickory House BBQ at the JTS Plaza in Lawrenceburg.

Nugent-Randall and Anderson closed the restaurant this year and relocated to Aurora, where they have reopened as Smokin’ Otis BBQ & Wings.

In a lawsuit filed in Dearborn County Superior Court I this week, the redevelopment commission alleges breach of contract, replevin and indemnification. The city’s redevelopment board is demanding a judge order the return of all $80,000 in grant funds, plus interest, compensatory and punitive damages, return of the equipment purchased with the grant money, and court and attorney fees.

According to the complaint, the agreement required Hickory House to remain open for three years or return the grant funds. To meet that requirement, the restaurant would have had to remain open at its old location in Lawrenceburg until at least September 1, 2020.

The commission believes that the equipment being used at the new restaurant in Aurora is that which was paid for with the Lawrenceburg grant.

“Despite repeated demands, Randall and Anderson have failed to return the Funds… Despite repeated demands, Randall and Anderson have failed to return the Equipment or assist in the collection and sale of the Equipment… Randall and Anderson’s breach of the Agreement was presented to the Commission at a public meeting whereby the Commission voted to reject Defendants’ proposal to operate a new restaurant in Aurora,” the commission’s complaint states.

The attorney for the restaurant owners, Lane Siekman of Rising Sun, says they are reviewing the complaint and preparing a response.

Attorney Joseph M. Sprafka III with Cincinnati law firm Reardon & Chasar LPA is representing the redevelopment commission in the case.