A sports bar operating at Clift Farm just outside Madison has no standing in its lawsuit alleging fraud concerning a second sports bar from opening at the mixed-use development, according to a motion to dismiss filed earlier this week.

While Jonathan’s Grille, in its lawsuit against Clift Home Place and developer Breland Companies, cited multiple assurances that a second sports bar would not be brought to the development, the response in the motion to dismiss said that none of those assurances are legally binding.

“Plaintiffs do not — and cannot — cite to a single contractual provision, written agreement or signed document supporting their position,” the court filing said. “This is fatal.”

Related: Lawsuit over sports bar at Huntsville development alleges fraud, deceit

In asking Madison County Circuit Judge Donna Pate to dismiss the lawsuit, the filing goes on to say, “Alabama’s Statute of Frauds bars the enforcement or proof of any alleged ‘promise’ that the Breland Parties would not sell or lease any land in Clift Farm to another sports bar because that alleged agreement was never reduced to writing and signed by the Breland Parties.”

Judge Pate has scheduled the lawsuit for a bench trial on June 20.

Jonathan’s Grille, along with its purchasing agent Revelette Enterprises, filed its lawsuit in December – alleging fraud and breach of contract. The lawsuit pointed to assurances that Jonathan’s Grille would be the only sports bar at Clift Farm that came in conversations between Revelette owner Curt Revelette and Breland Companies owner Louis Breland. The lawsuit also referred to several emails conveying the same message as well as an email in which Breland said he told Walk On’s Sports Bistreaux that it could not operate at Clift Farm.

Those assurances, the motion to dismiss argues, do not provide any legal exclusivity for Jonathan’s Grille.

Clift Farm lists Walk On’s as “coming soon” to the development. Former NFL All-Pro quarterback Drew Brees is listed as a co-owner and partner of Walk-On’s on its website.

“Plaintiffs’ complaint is a textbook example of why the Statute of Frauds exists,” the motion to dismiss said. “All agreements involving the sale of land or an interest in real property must be in writing and signed to be enforceable. Despite the lack of any contractual provision or other signed writing to stand on, Plaintiffs claim the Breland Parties ‘promised’ they would never sell or lease any land in Clift Farm to another sports bar. As a threshold matter, Plaintiffs’ claims are directly contradicted by the written contract Revelette negotiated and signed. It contains zero exclusivity provisions, covenants or restrictions that preclude another sports bar in the development and expressly disclaims any representations not set forth in the document.”

The court filing also said that it has a contractual commitment of exclusivity to Publix, the grocery store that anchors the retail development at Clift Farm. And that Amended Declaration, filed in October 2019, “exempts from the restriction” several sit-down restaurants. Examples of sit-down restaurants in the contract include “Salt Grass, Bad Daddy’s Burger Bar, Jonathan’s, First Watch, Jim-n-Nick’s Barbecue and Walk-On’s.” The Bad Daddy’s Burger Bar is listed as “coming soon” on the Clift Farm website.

“In other words — nearly a year before it closed on the property — Revelette not only knew what a formal exclusive use agreement would require, it also knew that Walk-On’s was not excluded from Clift Farm,” the motion to dismiss said. “Nevertheless, Revelette closed the sale on Sept. 4, 2020, without negotiating or obtaining (contractual exclusivity).”