July trial between Major League Grill, landlord nixed for now

David Yates Jul. 2, 2012, 2:20pm

A contract dispute case set to go to trial in July has been continued for another four months.

In February 2011, the Major League Franchise Group, which owns the Major League Grill in Beaumont, sued its landlord, Azam Beaumont Enterprises, claiming Azam refuses to keep its leased property up to state codes.

Court records show that on June 14 the parties filed an agreed motion for continuance, asking that the court bump the case from its July docket and continue the litigation for 120 days to allow more time for discovery.

That same day, Judge Bob Wortham, 58th District Court, granted the motion.

Last year, Major League Grill filed a motion for declaratory judgment, seeking to validate an option-to-purchase clause in its contract with Azam.

However, Judge Wortham denied the request on July 7, 2011, finding the clause "is not sufficient to grant the plaintiff the right to exercise an option to purchase at any time during the lease," the court's order states.

Court records show that on March 17, 2009, the franchise group leased property from Azam at 4430 Dowlen Road for the Major League Grill.

Since that time, Azam has allegedly refused to maintain the premises, costing Major League more than $50,000 in costs to repair a leaky roof and the building's air conditioning.

Major League is refusing to pay rent because of the money it spent repairing Azam's building.

In its suit, Major League alleges Azam breached its contract and is suing the company for actual damages to remedy the property, plus all court costs.

Beaumont attorney Ryan Gertz represents the company.

Case No. A189-385

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