Student-favorite bar Hungry Chuck’s scheduled hearing at the Onondaga Supreme Court for Tuesday morning regarding an asbestos abatement has been adjourned.

Steve Theobald, Chuck’s owner, said that the bar’s landlord’s attorneys asked for the postponement, but that a new date has not been set.

Theobald earlier this month filed a temporary restraining order against Syracuse 727 LLC, Chuck’s new landlord and the developers planning to demolish the structure at 727 S. Crouse Ave. — where Chuck’s is located — and construct a mixed-use building. The restraining order is currently preventing the developers from conducting an asbestos abatement inside Chuck’s, something that would at least temporarily require the bar to close.

That restraining order still stands with the adjournment of Tuesday’s hearing.

Chuck’s filed a lawsuit earlier this month that challenges the asbestos abatement and its lease termination notice.

Theobald’s lawyer is asking for a preliminary injunction that would maintain the temporary restraining order and prevent the new landlord’s from entering the space for the abatement until a judge can rule on Chuck’s current lawsuit against the landlord.

The central argument of the case rests upon a section in Chuck’s lease, which was absorbed by Syracuse LLC upon purchasing the bar, that states that its property owner has the right to “make repairs, additions, or alterations” within the bar’s premises. Chuck’s is arguing that an asbestos abatement goes beyond repairs and is instead a remedial measure.

Josh Werbeck, Chuck’s lawyer, said he will argue the intention of that original lease agreement made between Theobald and his previous landlord.

“We are going to argue … that there was never a suggestion that the landlord could come in and shut down the business for as long as they want just so they can do some work,” Werbeck said.

Jared Hutter, co-owner of Syracuse 727 LLC, recently said he has cut buyout negotiations with Chuck’s, and as a result no longer cares about the asbestos abatements. He will wait until Chuck’s lease is terminated in August to do the mandatory abatement, something he said will delay the entire construction project.

After hearing oral arguments, the judge will make a decision in the days after the rescheduled hearing on whether Syracuse 727 LLC can move forward with the abatements.

After filing the initial temporary restraining order, Chuck’s filed a lawsuit against Syracuse 727 LLC. That lawsuit has two main components: the asbestos abatement portion and a section on its current lease termination notice.

The new landowner can serve a lease termination “in the event of a major renovation or expansion,” and if the client is given a six-month notice, according to the lawsuit. Chuck’s is claiming that developers can’t currently serve the termination because they aren’t yet able to move forward with the project. This portion of the lawsuit will not be addressed at the postponed oral argument, Werbeck said.

Syracuse 727 LLC, the bar’s new landlord, served the termination notice on Feb. 28, giving Chuck’s six months, until August, to evacuate the premise.

“We are reserving our rights to argue that perhaps the landlord didn’t have the right to issue the termination because the construction was not imminent,” Werbeck said.

Werbeck said this does “not necessarily” mean that this an attempt to keep Chuck’s open at the beginning of the next semester, but that they are “reserving all of our rights at this point.”

Syracuse 727 LLC has not issued a response to the lawsuit. Werbeck said that answer normally happens within 20-30 days after the lawsuit is served to the defendant, in this case Syracuse 727 LLC.

After they formally answer the lawsuit, either party can make motions on the lawsuit including asking for a re-judgment or to throw the case out altogether, Werbeck said.

Published on March 27, 2017 at 5:50 pm

Contact Jacob: jagedets@syr.edu