An Ironton business owner who filed a lawsuit in Lawrence County Common Pleas Court last May is asking the city to sign his lease for a piece of riverfront property.

Tuesday, January 02, 2001

An Ironton business owner who filed a lawsuit in Lawrence County Common Pleas Court last May is asking the city to sign his lease for a piece of riverfront property.

Robert Johnson, owner of Ironton Boat Club Inc., said the case is scheduled for pretrial Wednesday, as a final attempt to "right the wrongs" against him.

"I’m pursuing the declaratory judgment to force the city to sign the lease over and for damages," Johnson said. "I simply want them to comply with the lease agreement."

The suit was filed May 19 for declaratory judgment against the city after the city allegedly refused to sign a lease agreement after Johnson purchased the former Phil’s Landing Inc. from Cecil Cline.

Owned by the city, the land was originally leased to John Kehoe and James Waldo in January 1988 and operated as Whistles on the Water, but since has changed hands several times, according to Johnson’s lawsuit.

In January, Johnson entered a "stock purchase" agreement with Cline, not knowing of several legal hurdles he would first have to overcome before taking possession of the business, Johnson said.

In March, Johnson backed out of the purchase agreement because the the city filed an eviction notice against the business and refused to rescind the notice. The city claimed Phil’s Landing had not lived up to its promise to operate a restaurant and had failed to operate a boat dock on the premises.

Later that month, in Ironton Municipal Court, special Judge Patrick O’Brien ruled the city did not have grounds for the eviction.

City council held a special session in April to determine if it wanted a hearing before the state liquor control board for Johnson’s license.

"They said they questioned the tenant rights," Johnson said.

He said he finally obtained his liquor license in September but the city continues to neglect to sign the lease transfer between Cline and himself.

"They’ve held me up throughout the summer with my liquor license," Johnson said. "The bottom line is they can’t afford to have a private enterprise on the riverfront and get the federal money they want to develop it."

He said he is hopeful the suit is settled before it goes to a formal trial.

"I don’t want anything from my city," Johnson said. "But we have elected officials that I don’t feel are doing things as they should do them. All I’m asking for is that they sign my lease."

City solicitor Mack Anderson said he was unable to comment on the matter while it’s in litigation.