Trial Date Set for Shenandoah Grill, Landlord Dispute

The , chained and locked since July 10, will remain that way for at least one more month before a judge settles the dispute.

The landlord of the Ashburn Restaurant Park property where the grill is located, GAPSI Real Estate Partners, filed a summons for unlawful detainer requesting that the court turn possession of the site over to GAPSI as well as a judgment for about $27,000 in costs, damages and fees, plus 15 percent interest and attorney fees.

Loudoun General District Court Julia Taylor Cannon denied the request and set a trial date in the dispute for Sept. 26.

Robert Deal, the attorney representing GAPSI, declined to comment about the case.

Lance Smith, Sean Lakos and Imane Jiahy own the restaurant under the name Kitchen Scratch LLC. Smith and Lakos said they were pleased with Cannon’s decision not to allow GAPSI to take possession of the property before the trial.

“We finally got our day in court. I think Shenandoah Grill has won round one,” Smith said. “We’re going to trial.”

David J. McClure, the attorney representing the restaurant, explained to the judge why the owners wanted to take the case to trial.

“They’ve locked my clients out. We believe they’ve done so improperly,” he said. “They’ve put a padlock on the door. We contest their right to do that.”

The owners plan to countersue after assessing damages and permitted remedies under the lease.

So until at least Sept. 26, it would appear, the restaurant will remain as it has been for the past two and a half weeks: tables neatly set inside and food untouched, while both the landlord and the owners are denied access to the property.

Smith acknowledged that the restaurant fell behind in rent almost immediately, but had hoped a growing number of patrons would help the grill succeed. The restaurant was about 50 days behind on rent and had made a small payment as a token of good faith shortly before the doors were locked.

Terry Pao, of GAPSI, has also declined to discuss the case while it’s in litigation.

The restaurant park opened under different ownership and several restaurants have struggled, resulting in past tenants falling behind in rent. Only Moe’s Southwest Grill and Five Guys hamburgers have endured from the initial series of restaurants that opened. GAPSI eventually took ownership of the property.

A recent revival at the park ­– including the opening of Shenandoah and other new eateries, such as the Curry Club and Pizza Go Round, as well as a carnival put on by GAPSI – were expected to bring more traffic.

Among the common complaints of patrons to restaurants in that area is the location and the difficulty people who live in Ashburn have accessing the site from Waxpool Road eastbound. It can also be a challenge to head east out of the restaurant park when traffic is heavy.