gig em 02 said:

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How can you claim they are acting in bad faith if you don't know what the outstanding violations are for?

If she's out in two years anyway why doesn't she have them buy her out? If it's such a hot ticket attraction that the public will rally around seems like the extra cash and a reasonable transition period would help get into an even better venue with real parking.

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Goose said:

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bagger05 said:

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And if DCH's claims are BS, it would be very simple for Black's to refute them with very little evidence. Yet all we hear is silence from them.

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My guess is that the landlord is confident they'll win in court so any response to the tenant's pleas via the media would be pointless and/or counter-productive.

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COOL LASER FALCON said:

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gig em 02 said:

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So DCH doesn't intend to fulfill the contract that they entered into, which means BBQ is operating in bad faith?

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i don't understand where you're getting this idea.

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John Francis Donaghy said:

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According to the articles we have, Blacks is trying to say that DCH is in default because their lease doesn't permit them to hold shows. Even if that's true, they've been holding regular shows in an open and obvious fashion for, what? 9 years now? 3 of them under the current lease agreement?

So DCH entered into a lease that prohibited them from engaging in the primary activity they intended to engage in, and people here don't understand my previous post about that being the foundation of this entire thread?

The previous landlord's failure to enforce whatever provisions Blacks is trying to use to force DCH out, waived the landlords right to enforce those provisions years ago. Since the new owner assumes whatever position the old owner held under the lease, Blacks should be prevented from enforcing those provisions as well.

I'd be shocked if a professionally drafted contract for anything didn't include a waiver provision. A waiver provision says "we may waive whatever we want but we can change our minds and enforce it in the future." I would love to read the contract, can you provide a link to it?

Again, speculation based on the information we have. But even that seems to be a losing battle for Blacks based on the facts as they've been presented.

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bagger05 said:

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gig em 02 said:

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COOL LASER FALCON said:

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gig em 02 said:

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So DCH doesn't intend to fulfill the contract that they entered into, which means BBQ is operating in bad faith?

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i don't understand where you're getting this idea.

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It's the foundation of your whole story. If you don't know what your entire thread is based on how can you take a side? Find out tomorrow where the idea that DCH is in default under the lease comes from and come share it with us, don't leave us hanging!

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Quote:

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Austin says the default notices were not rent-related Black Market has accepted her monthly lease payments but rather focused on the legitimacy of permits on file granting DCH permission to host shows and classes.

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Quote:

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You may have seen the controversy covered in the Dallas press. Both the Dallas Morning News and the Dallas Observer ran stories, but neither talked with Michael and Mark Black. They are the brothers behind Terry Black's Barbecue, and own the place along with their father, Terry. I sat down with the brothers at their Austin restaurant last Monday, the day the eviction was to be enforced. Both brothers told me their lawyers had advised them against speaking, but Mark Black said, "[Amanda Austin] can stay in that building until her lease is up if she does right by the lease." They contend that the building had safety issues that are the responsibility of the tenant. The Blacks said they sent three different default notices outlining the deficient items, along with a timeline to complete them. "There are certain violations that can't be ignored," Michael Black said, and the brothers felt those violations weren't being adequately addressed.

Earlier this week, Amanda Austin told me, "I'm going to do what I can to fix everything" from the long list of items listed on the default notices. Some items seemed minor, like a broken outdoor light, but there were also some serious issues to address from the fire marshal. Some exit pathways had been blocked, fire doors were propped open, and one exit door was locked. These were all listed on the fire marshal's March 28 report on the building, which I reviewed. Austin was told to fix the items before an impending reinspection.

Austin said the "notice to terminate tenancy" (a.k.a. an eviction notice) from Black Market Investments was sent April 10, before the follow-up inspection. The fire marshal returned the next day and gave Austin a bit of relief with a passing grade, but her landlord had already set the eviction date as April 16. She felt like she was out of options, and decided to make the unhappy news public on Facebook. "I had to let people know because I have hundreds of students and performers," Austin said. "If they had showed up [on the 16th], and I don't have an explanation," it would make her look like a delinquent operator, she feared. The date came and went, and as a hopeful Austin said in an announcement earlier this week, Dallas Comedy House is "operating as usual." In fact, they're booked solid with performers through the weekend.

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Quote:

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Both brothers told me their lawyers had advised them against speaking, but Mark Black said, "[Amanda Austin] can stay in that building until her lease is up if she does right by the lease."

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An anonymous complaint was sent to the fire marshal stating both buildings that make up Dallas Comedy House were over capacity, thus creating a fire hazard. Of the two buildings, only one is open to the public, that being the home to DCH's two theaters and bar area...Representatives of the fire marshal's office arrived at DCH around 8:30 p.m. last Tuesday and after a brief walk-through of both buildings with owner Amanda Austin left around 9 p.m. Neither space was found to be overcapacity and there were no instructions from the fire marshal to make any changes to be compliant for the future...This surprise inspection during business hours comes after third-party inspectors hired by Black Market Investments did an in-depth inspection of the property May 8. Austin says the third-party inspectors were there from 2 p.m. to 4:45 p.m. to check the state of both buildings. Austin is not allowed to engage or ask questions during these particular inspections, and the third-party company does not share any findings with Austin.

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Mark and Michael Black are hoping for happy neighbors in Deep Ellum whenever they open the barbecue joint, and insist they're not trying to bully Dallas Comedy House out. "We've only got plans for two Terry Black's, here [in Austin] and in Dallas, whether it be three years, five years, ten years," Michael Black said. Mark added that he was frustrated with how his family was portrayed in the coverage of the controversy. "Stuff like this happens when one side tries to win public opinion, and damn if she didn't win it," he said.

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