Cafeteria sued over alleged lease violations

GALVESTON - Weingarten Realty Investors has filed suit against Luby's Inc. for allegedly violating the lease on its Galveston location.

Weingarten claims Houston-based Luby's broke its 23-year-old lease in October 2009 when it vacated the Galveston Place Shopping Center.

Luby's stopped paying rent in May, despite inking a renewal in 2007 for an additional five years, recent court documents say.

The suit was filed July 30 in Galveston County District Court.

"The defendant committed a default under the lease by failing and refusing to pay the rental and other sums owing under the lease, and by wrongfully vacating the leased premises," the original petition says.

Weingarten consequently terminated the defendant's right to ownership of the leased premises in November 2009.

It sent a letter to Luby's demanding payment to no avail.

"The defendant has failed and refused to pay all or any part of the sums presently due and owing under the lease," the suit says.

The plaintiff asserts it will pursue further action to collect other damages.

Chamberlain, Hrdlicka, White, Williams & Martin is representing Weingarten, and Galveston County 56th District Court Judge Lonnie Cox is presiding over the case.

Case No. 10-cv-2124