Holmes
A motion for exception of no cause of action hearing was suspended until July 15 in a contract suit involving a sports bar in Mid-City New Orleans.
Champion Sports Bar and Star Cigarette and Amusements are suing New Orleans Midtown and the succession of their landlord, Chacko Philip, after Philip allegedly harassed the bar owners and patrons and tried to evict the bar.
Champion Sports Bar is seeking $200,000 in damages from Philip's estate, named in the suit as Mary Philip.
Metairie attorney Brian Guillot filed the suit Oct. 16, 2009. He represents Champion Sports Bar and Star Cigarette and Amusements.
Metairie attorney John Holmes is representing Philip and New Orleans Midtown.
According to the original petition for damages, Philip allegedly locked the front door and parking lots, harassed patrons at the door and grabbed a female patron's breasts, broke up a live concert costing the bar $5,000 and repeatedly turned off the power in an attempt of "tacit eviction."
The suit also claims that Philip owes the remainder of the lease on an ATM owned by Star Cigarette and Amusements that was placed in the bar before Philip allegedly unlawfully evicted his tenants.
The defense filed a counter claim for fraud and nuisance stating that the concert held at Champions Sports Bar was a breach of the lease agreement on the property.
The recent motion for no cause of action stated that Philip had the right to manipulate signs, as he was also accused of turning off and destroying the bar's signage. It also stated that, since the ATM was not part of the original lease agreement, Philip was not liable for any losses incurred.
The hearing for the motion for exception of no cause of action has been suspended until July 15.
Judge Ethel Julien is presiding over this case.
Orleans Parish Case 2009-11099