Lawsuits prompted Pittsfield Township Big Boy closing; owner hopes to reopen
The recent closing of the Big Boy restaurant at 3030 Lohr Road happened amid legal wrangling among the business owners, building owners and corporate officials.
But Sam Berry, a member of the family that has operated the restaurant in that location for nine years, said he hopes to reopen soon - and still operate it as a Big Boy franchise.
"I wish I could open it today, but I can't," Berry said. "... I guarantee I will be back in that store."
At issue are lawsuits and counter-suits filed since June, including the eviction of the restaurant - located southeast of the I-94-Ann Arbor Saline Road intersection.
Berry family members, who also operate a Big Boy on Zeeb Road in Scio Township and a Ram's Horn restaurant in Ypsilanti Township, say they are victims of breach of contract, price fixing and discrimination, according to their lawsuit against the Lohr Road building's owner, listed as Vijay Sahore, along with Phillip Conlin, Jerry Helmer, Strategic Funding Source and Merchant Funding Network.
The lawsuit seeks enforcement of the lease "without hararassment and disruption to" the business.
Meanwhile, Big Boy Franchise Management has filed suits against Berry Brothers LLC as it seeks to terminate the franchises at both the Lohr and Zeeb sites.
According to court documents, the company sent a notice of default in December, demanding repayment of $33,773 in principal in the Lohr case. Now, Big Boy says, the Berrys owe $52,824.57 and face claims of breach of contract and trademark dilution stemming from operations at the Lohr location. The company's lawsuit regarding the Zeeb store says $70,628.93 is owed there.
The Zeeb Road store remains open, Berry said this week, and it still operates under the Big Boy franchise since Judge Donald Shelton refused an injunction request to stop the family from using the name.
The eviction from Lohr occurred outside of the other batch of legal filings that have been assigned to Shelton, Berry said. In the meantime, he said, he has his payments held in escrow until the conflicts are resolved.
Berry has worked for Big Boy for 20 years, he said, and he calls the Zeeb Road location a high-volume store. He hopes he can tell customers soon that the Lohr Road restaurant will reopen, as well as call employees - many of whom have taken shifts at his other locations - back to work.
"I want to open back as a Big Boy," he said. "Hopefully we’ll get the store open in the next week."
He also offered an apology to customers who were surprised by the closing: "I am so sorry that this had to happen like this ... If I was closing my doors, I’d let everyone know (ahead of time)."
Big Boy Restaurants International LLC is based in Warren. About 455 restaurants operate under the name, with franchisees paying 4 percent of gross sales to the company.
Berry Brothers LLC is registered with the state by Nabil Berry of Dearborn Heights. The state lists the entity as "active but not in good standing" as of Feb. 17. A related entity, Houjoushe Inc. is listed by the state as dissolved as of July 15.
Comments
Chris J
Mon, Aug 10, 2009 : 9:13 p.m.
The Zeeb road store was closed today. I was told there were police and moving trucks in the parking lot. I drove through the parking lot after work and looked one of the few windows that wasn't covered. There was nothing inside the store. I now the Berrys recently opened a Ram's Horn on Whitaker... Where the Baker's Square used to be. Hope it doesn't close soon.
Ana Hotaling
Fri, Aug 7, 2009 : 8:38 p.m.
My husband, my 4 sons, and I are regular customers at the Lohr Road Big Boy and have been for years, to the point of being on a first-name basis with the Berrys and many of the staff (we also frequent the Zeeb location). I distinctly recall how proud and excited the Berrys were about the opening of their new Zeeb location; I recall running into Nabil Berry at Home Depot and how excited he was to tell us about opening the Ram's Horn. The sudden closing of the Lohr location is shocking, and the fact that Big Boy wants to close both the Zeeb and Lohr locations is terrible. For those who have frequented the Lohr location and have felt the sincere welcome and at-home feel of this restaurant, its managers/owners, and its staff, please speak up! Write to Bill Connell, Franchise Business Director, at Big Boy Restaurants International, LLC, One Big Boy Drive, Warren, MI 48091-6000.