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Norton’s to reopen Friday after reaching settlement with landlord
Norton’s Grille adjacent to the Fraze Pavilion in Kettering is scheduled to reopen Friday after reaching a settlement agreement late this afternoon with its landlord over rent and fees.
A hearing scheduled for 1:30 p.m. Thursday before Montgomery County Common Pleas magistrate David H. Fuchsman that could have led to a preliminary injunction against the landlord was not held, as attorneys and parties in a lawsuit engaged in 3 1/2 hours of negotiations that Fuchsman later termed “shuttle diplomacy.”
At 5 p.m., all sides agreed to a settlement in which the landlord, HTA Lincoln Park Blvd. LLC, would end the lockout of the restaurant by 11 a.m. Friday, and Norton’s owner Fred McGhee agreed to pay $15,000 by Monday, June 6, and another $27,000 a week later, along with 24 subsequent monthly payments to pay off accumulated “common area maintenance fees” that the landlord said it was owed. The agreement also calls for CB Richard Ellis, the leasing agent and property manager for the restaurant at 580 Lincoln Park Blvd., to make every effort to separate utility usage and install separate meters so that the restaurant pays only for utilities it uses.
The reopening follows action taken by the landlord Sunday to lock out the restaurant owner over the dispute over fees. McGhee and Norton’s sued the landlord and the property manager Tuesday seeking a court order to reverse the lockout.
The settlement came only eight days before the opening of the Fraze summer concert season, which draws throngs of customers to Norton’s on many show nights.
Fuchsman, who was appointed by Judge Dennis J. Langer to oversee the preliminary injunction hearing, praised attorneys and parties for what he called “a fair and reasonable settlement” that amounted to “a smart business deal” for all sides.
The case can be reactivated if any of the parties do not live up to the terms of the settlement agreement.
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