Rochester town center restaurant takes legal action against town, DMC

Toronto’s Jerk King Restaurant alleges the actions of the city and Destination Medical Center Corp. intentionally hampered the ability of the business to function.

“The defendants willfully and intentionally interfered with the plaintiff’s reasonable expectations of economic benefit and benefit by preventing the public, by means of fences and other objects placed on the sidewalks adjacent to the restaurant, from entering Jerk King “Rochester lawyer William French wrote. of the company in the complaint filed in the district court. “The interference is of unknown duration and apparently continues indefinitely into the future, making it permanent.”

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The restaurant, which offered Caribbean cuisine, opened in late 2019, months before restaurants closed for in-person dining, due to the COVID-19 pandemic.

At the same time, the city began renovating Peace Plaza, which was largely funded by state DMC funds.

DMC Corp. is a non-profit corporation created by state law to oversee the initiative, which offered public improvements in the Heart of the City subdistrict that are expected to be largely completed this month.

During the planning of the works, the city, in collaboration with the Economic Development Agency DMC, set up a Business Forward program, aimed at working with the companies concerned to keep their doors open.

Jerk King’s lawsuit alleges that the effort failed and that work on Peace Plaza ended up placing fences and other barriers on the sidewalks, blocking the company gate, without offering any mitigation.

The lawsuit claims that the city and DMC. Corp. seemed “intent to drive it and other small businesses out of the central core of the city of Rochester.”

Jerk King, which is closed with signs reading “until further notice,” is asking for at least $ 200,000 in damages, along with unspecified additional repair potential.

The City and DMC Corp. did not respond to the lawsuit. They have 21 days to respond to the complaint, which French reports he handed to the Rochester clerk on Nov. 8.

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