Lizzy Fitzsousa Mar. 10, 2014, 10:29pm

NEW ORLEANS – A Popeye’s and a Subway franchise are under threat of eviction from the Louis Armstrong Airport terminal, after the concessions company alleged they broke the terms of their sublease.

Armstrong Airport Concessions, A Joint Venture, filed suit against K-Squared Restaurants LLC, K-Squared Restaurants (Subway) LLC, Kirksey Enterprises Inc. and Karlton Kirksey in the Orleans Civil District Court on Dec. 9, 2013.

Airport Concessions alleges that on May 1, 2004, they entered into a sublease with Kirksey Enterprises to operate two restaurants, a Popeye’s and a Subway, at the Louis Armstrong Airport terminal. They claim the sublease required the Popeye’s and Subway to be open a minimum of 12 consecutive hours each day, seven days a week, including holidays unless specifically permitted by written consent.

They assert that according to the sublease, default would occur if K-Squared abandoned or ceased to use the subleased facility for three days.

According to the suit, on Dec. 1, 2013, Kirksey failed to open Popeye’s and it remained closed as of the 9th. On Dec. 5, Airport Concessions met with Kirksey to deliver a notice of default.

They are requesting damages of all past due rent under the lease, and a fine of $500 per day from the date of closure until sublease is terminated. Additionally, they want K-Squared to vacate the premises.

Since the filing of the suit, the eviction hearing has been reset three times as the two sides attempt to negotiate out of court. The latest rescheduling of the hearing is set for April 9.

Airport Concessions is represented by Gary J. Elkins of Elkins PLC of New Orleans.

Case is assigned to Division D Judge Lloyd J. Medley.

Case no. 2013-11611.

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