04/19/2015
Hey Folks,
If you haven't heard by now the judge in our trial case is ruling against us. This is only half the battle because we have already hired an appeal attorney Michael Truesdale. He is a big deal if you look him up. He estimated this will keep it in litigation for another 2 years. That being said it is time for me and the ones involved with this process to move on. There will never be weirdos at its original location. There is a big article in the Austin Business Journal, making me seem like the bad guy and Sharon Ma was a poor old lady getting taken advantage of. Truth is she knew all along everything that was going on and was a part of it. She signed an amended lease in Sep of 2010 for me to operate as a bar/cocktail lounge and live music venue. The lease also said she would cooperate with all that the city asked us to do in bringing the property into city compliance to operate as those uses. The property was grandfathered but as grandfathered it only had 14 legal parking spaces and no patio. We agree to pay to fix all this if she cooperated and she signed a contract saying she would. She signed an extended lease to 2018 with high rent because she saw big dollar signs after we brought the property up to code and fully operational.
The reason why we stopped paying rent, sued her and moved out/got evicted. Is because she stopped cooperating, she refused to sign a drainage easement that the city requested. The drainage easement was requested within the FEMA 100yr flood plain that covered some the property. It's local code and law to do so. All these reasons are why we decided to sue her, many people helped us along the way because of these facts and documents.
The judge seemed to ignore the amended lease which is what we based most of our trial on. Why wouldn't we, it's a binding amended document that supersedes the original lease. Attorney John Joseph typed it up covering every detail needed to bring the property up to code for both parties. Sharon Ma's attorneys act as if that document was never signed and it seems a judge agrees as well. Doesn't make sense to me and many others. Well enough of my rant.
The appeal process has started, it's a very long and boring one. The property might sit there vacant for another 2 yrs because of it. If that seems crazy, it's because it is. It's time to figure out the next move. Thanks for all the support, wasn't suppose to end this way but that's life, Weirdos forever.
Jesse