Lawsuit over new sports bar at Huntsville development dismissed

Lawsuit over new sports bar at Huntsville development dismissed

The lawsuit protesting plans to bring a second sports bar into the Clift Farms development near Huntsville has been dismissed.

Madison County Circuit Judge Donna Pate ordered the dismissal on Friday, a day after hearing from both sides on the issue in a court hearing.

Related: Clift Farm development continues: Here’s what’s planned for booming Madison area

The lawsuit, filed in December by Jonathan’s Grille and its land purchasing agent Revelette Enterprises LLC, alleged that developer Breland Companies and Clift Home Place LLC were misleading in indicating there were no plans to bring a second sports bar to the development — located off U.S. 72 just outside the city limits of both Huntsville and Madison. In fact, the city of Madison recently annexed the development anchor Publix grocery store to help pay for flyover ramps from Interstate 565 to Town Madison.

At the time of the filing, Clift Farms said on its website that that Walk-On Sports Bistreaux was “coming soon” and, since then, there has been a formal announcement about it. The lawsuit alleged promissory fraud and breach of contract among other counts.

Attorneys for Breland Companies – which is also developing Town Madison – maintained that there were no contractual obligations preventing the development from bringing in a second sports bar.

The judge’s order said the ruling was made based on support and opposition for the defendant’s motion to dismiss as well as arguments by lawyers and applicable law. The dismissal was without prejudice, which leaves open the possibility the complaint could be filed again.

“We are pleased with Judge Pate’s ruling, which affirms the bedrock legal principles applicable to the sale and development of commercial real property,” Breland attorneys Tod Dodgen and Zach Mardis of Maynard Nexsen said in a statement to AL.com. “Our client is happy to have this behind him and looks forward to working with all the Clift Farm partners to grow that community.”

Danielle Dixon, the Birmingham attorney who filed the lawsuit for Jonathan’s Grille and Revelette Enterprises, did not respond Monday to a request for comment.