Hole in the Wall Waterfront Grill filed a brief last week in opposition to Mathews County’s request for a demurrer and motion to dismiss the case of Hole in the Wall vs the Mathews County Board of Supervisors and County Administrator Ramona Wilson.
The brief in opposition states that the case “is about a municipal landlord who has consistently and perpetually bullied and harassed its commercial tenant in a thinly veiled attempt to force it out of the leased property.”
“Defendants have ignored the clear provisions of the lease and applicable law,” says the brief, outlining “the latest attempt,” which was the eviction of the restaurant on July 10, “without giving a shred of notice to HITW.”
The county’s claim that the restaurant was in default because it failed to pay the rent when due is erroneous, states the brief, since the board never gave HITW written notice and an opportunity “to cure,” and it never “in good faith” entertained the restaurant’s “reasonable dispute” of additional ite...