STUART — The owners of the historic Post Office Arcade in downtown Stuart on Tuesday filed an eviction and breach of contract lawsuit against Nature’s Way Cafe and its owner Marion Biggins, court papers show.

In the complaint filed in Martin County Circuit Court, an attorney representing Stuart Arcade Associates Inc., claimed Biggins and Nature’s Way, at 25 Southwest Osceola St., have failed to pay July’s rent and other expenses totaling $10,807.

Specifically, attorney Chad Hastings of West Palm Beach alleged the defendants violated terms of a 2008 lease by not paying a monthly rental charge of $2,560 for July and another $7,335 in past due rent, in addition to $911 in sales tax and maintenance fees.

Marion Biggins could not immediately be reached for comment.

Hastings also was unavailable for comment.

Stuart Arcade on July 15 issued to Biggins and Nature’s Way a notice of default, requesting that either the rent be paid or to surrender the premises, “but defendant has failed to do both” the lawsuit stated.

According to the suit, Stuart Arcade in 2006 issued a five-year lease for the location to Joseph and Patricia Durkins, who in May 2008 assigned the lease to Biggins.

“Nature’s Way and Biggins,” the suit claimed, “breached the lease by failing to pay rent and related charges.”
By Melissa E. Holsman, TCPalm.com

Tags: attorney, breach, contract, default, lawsuit, lease, nature's way cafe, rent, restaurant, Stuart, violations

This entry was posted on Wednesday, August 5th, 2009 at 10:14 am and is filed under Courts, Stuart. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.