SE Texas Record

Sunday, December 8, 2019

Major League Grill seeks partial summary judgment against landlord

By David Yates | Sep 19, 2012

Adams gilbert

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.

On Aug. 8 Major League Grill filed a motion for partial summary judgment, stating that the court should order contractual liability for the thousands it spent repairing and replacing a HVAC system, court papers say.

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.

A hearing on the summary judgment motion has been slated for Sept. 24.

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 Bob Wortham, 58th District Court, 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.

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 attorneys Andrew and Ryan Gertz of the Gertz Adair Law Firm represent the company.

Beaumont attorney Gilbert T. Adams represents the defendant.

Case No. A189-385

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