Zoup! Cornerstone of Centerville. FILE

NEW DETAILS: Judge rules against Cornerstone of Centerville restaurant owner in lawsuit

A judge has ruled against two franchise owners of a Zoup! restaurant that shut down abruptly at Cornerstone of Centerville in May 2018, ordering them and their company to pay the restaurant’s landlord nearly $183,000 plus monthly payments of ranging from $125 to $567 through 2027.

>> CHILL OUT: Celebrate National Ice Cream Day in Dayton with these creamy deals

Greene County Common Pleas Judge Stephen A. Wolaver ordered defendants Soup KP Cornerstone LLC, Brian G. Wood and Patti Ebner Glaser to pay nearly $183,000 to the Shoppes of Cornerstone III, which had filed the civil lawsuit in October 2018.

>> SIMILAR: Judge rules that local retailer owes The Greene nearly $900K in rent, fees (March 2018)

The default judgment granted by the judge includes $37,000 in unpaid base rent, $9,000 in late fees, $2,700 in  unpaid utilities, $18,000 in unpaid tenant expenses, $10,000 in legal fees, $2,000 of accrued and unpaid interest, plus $80,000 in tenant-improvement costs that were paid by the retail center in order to re-lease the space to Athletico Management, among other costs and penalties.

>> PHOTOS: Luxury Warren County home in golf community on the market for nearly $2M

Attempts to reach Wood and Glaser on Wednesday were unsuccessful.

The lawsuit claimed  that Soup KP Cornerstone LLC, along with Wood and Glaser, violated the terms of their 10-year lease when they “abruptly closed” the Cornerstone of Centerville Zoup! restaurant in May 2018. 

>> PREVIOUS COVERAGE: Both Dayton-area Zoup! restaurants shut down abruptly (May 2018)

The Zoup! franchise owners opened their first Dayton-area restaurant adjacent to Whole Foods on Ohio 725 in Washington Twp. in May 2015,  and opened its second location at 5235 Cornerstone North Boulevard in the Cornerstone of Centerville development in January 2018, just four months before both restaurants shut down. 

>> Local BBQ chain to open new-concept restaurant in Miamisburg

A co-franchisee said at the time that poor sales were the primary factor in the decision to close.

The first Zoup! restaurant opened in Southfield, Mich., in suburban Detroit in 1998. The chain operates more than 80 locations across the northern half of the U.S.

>> RELATED: Zoup! sets opening date for its 2nd Dayton-area restaurant (January 2018)

***PREVIOUS STORY (Nov. 16, 2018)***

The landlord of one of the two Zoup! restaurants that closed with little warning in May has filed a lawsuit against the franchisees who operated the restaurant.

>> NEW TODAY: Budweiser Clydesdales coming to Dayton this weekend

In the lawsuit filed Oct. 15 in Greene County Common Pleas Court, Shoppes of Cornerstone III claims that Soup KP Cornerstone LLC, along with Brian G. Wood and Patti Ebner Glaser, violated the terms of their 10-year lease when they “abruptly closed” the Cornerstone of Centerville Zoup! restaurant on May 22, the lawsuit said. 

>> Judge rules that local retailer owes The Greene nearly $900K in rent, fees (March 2018)

The landlord is seeking monetary damages of more than $25,000 in unpaid rent and other obligations associated with the lease, including future rent, interest and attorneys’ fees, according to the lawsuit. The case has been assigned to Greene County Common Pleas Judge Stephen Wolaver. 

>> NEW TODAY: Jimmie’s Ladder 11 to celebrate 7 years with special deals, special events this weekend

Wood and Glaser and the corporation/franchisee have not yet responded to the lawsuit in court. Efforts to reach Wood and Glaser late last week and this week were not successful. 

>> Choe’s Asian Gourmet eviction lawsuit at The Greene is escalating (February 2018)

>> PREVIOUS COVERAGE: Both Dayton-area Zoup! restaurants shut down abruptly (May 2018)

The Zoup! franchise owners opened their first Dayton-area restaurant adjacent to Whole Foods on Ohio 725 in Washington Twp. in May 2015,  and opened its second location at 5235 Cornerstone North Boulevard in the Cornerstone of Centerville development in Centerville in January 2018, just four months before both restaurants shut down. 

>> RELATED: Zoup! sets opening date for its 2nd Dayton-area restaurant (January 2018)

A co-franchisee said at the time that poor sales were the primary factor in the decision to close.

The first Zoup! restaurant opened in Southfield, Mich., in suburban Detroit in 1998. The chain operates more than 80 locations across the northern half of the U.S.

X