Judge will take more time for decision in deSha's, Victorian Square case

tharrison@herald-leader.comJune 18, 2013 

DeSha's, which has been a Lexington staple since 1985 at the corner of Victorian Square, wants to remain a tenant there. It filed a motion in court contesting claims by the square's new owners.

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A Fayette Circuit judge on Tuesday said he needed more time to review information before making a decision in a lease dispute between deSha's restaurant and Victorian Square.

Judge Thomas Clark said he expected to issue a written decision by early next week.

Victorian Square LLC filed a motion in Fayette Circuit Court on May 3 stating that Victorian Square was not legally obligated to extend the lease, which runs through Dec. 31, and it expected Tavern Restaurant Group "to peacefully vacate its premises in Victorian Square by the end of the year." The motion said deSha's had persistently failed to pay rent and other charges in a timely manner. Officials also said deSha's failed to specify a rent amount after the lease expires.

A motion filed last week on behalf of Nick Sanders, CEO of Tavern Restaurant Group Inc., which owns and operates deSha's, claimed that many of Victorian Square's allegations are misleading or inaccurate. And it said the restaurant has paid rent in a timely manner.

The restaurant wants to renew its lease. Victorian Square's attorney, Thomas Miller, said if the restaurant's owners wanted the right to renew, they should have specified a rent amount for after Dec. 31. And, to renew the lease, both parties must agree to all terms, Miller said.

He said either side could decide to appeal after the judge's ruling.

Taylor Harrison: (859) 231-1324. Twitter: @heraldleader.

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