BRIDGEPORT – Regular customers of the Circle Diner in Fairfield were worried when the longtime eatery was closed for several days in March due to equipment issues in March. But little did they know its landlord was about to receive an eviction notice for nonpayment of rent on March 18.
The landlord, 441 Post Road LLC of Norwalk, gave Fastt LLC dba Circle Diner until March 25 to vacate the premises at 417 Post Road. The landlord, which is planning to redevelop the nearby Circle Hotel into a mixed-use apartment complex and hotel, alleges that Fastt LLC missed its $18,000 rent payment, failed to pay property and sewer taxes, and failed to pay for snow removal.
In an answer to the April 24 complaint by 441 Post Road LLC, the diner’s owners admit missing March’s rent, not paying the real estate and sewer taxes on time and not paying for the snow removal. But they challenged such actions being reasons to be evicted, according to the lease.
Fast LLC, which is represented by attorney Stephen Walko of Ivey, Barnum & O’Mara LLC of Greenwich, claims in its answer to the eviction notice that the landlord refused to accept payment for all charges. It also claims that it “has operated the family restaurant at the Premises for over 20 years at a significant investment and has paid or attempted to pay all sums due and owing to Landlord despite its own hardships.” Therefore, Fast LLC claims the loss the diner would suffer in being dispossessed from the location would be “inequitable and disproportionate” to any injury to the landlord.
In the complaint the landlord said it served Fastt LLC with a notice to vacate
On May 7 an attorney from Wofsey Rosen Kweskin & Kuriansky LLP of Stamford filed a complaint on behalf of 441 Post Road LLC seeking action. On May 15 Walko filed a special defense and answer to the complaint.
No decision has been rendered yet in the court case.
At the same time as eviction proceeding is making its way through court, 441 Post Road LLC and its developer Spinnaker Real Estate are trying to move forward with redeveloping the Circle Hotel into a mixed-use, 250-unit apartment complex that may include affordable housing and a 110-room hotel.
Two versions of the development, including one under the Section 8-30g of the state statute for affordable housing, have been approved by the town Plan and Zoning Commission. However, earlier this week six neighbors filed an appeal in Bridgeport Superior Court to stop the project.
As noted in the landlord’s complaint, the diner’s owner has refused to vacate the location. As of yesterday the diner is still open for business seven days a week.
