DBJ Realty and J-&-S Restaurants, Inc. file lawsuit against new Food City on Highway 411 in Polk Co.

DBJ Realty and J-&-S Restaurants, Inc. have filed a lawsuit claiming the new Food City on Highway 411 in Polk County would be violating deed restrictions that do not allow the service of “fast food items” or “cafe seating” if the store was built as planned.
 
Yesterday, we read a statement on-air from Food City that read in part, “Food City disagrees with the allegations in the complaint. In an effort to avoid the cost and expense of litigation, we have already withdrawn certain products and services that a typical Food City would offer. Some of the meals and other products that the complaint seeks to block have been offered without objection in the Fresh N’ Low store at this location for many years. We are disappointed that another local business and its owners are seeking to limit the products and services that the new Food City would be able to provide to the Polk County community.”
 
WCLE reached out to DBJ Realty and J-&-S Restaurants, Inc. and received the following statement on the matter:
 
“Hardee’s has been honored to serve the Polk County community for almost 33 years and we appreciate our faithful friends and customers. We have taken no action to stop Food City from their planned grocery operation and welcome them to serve this community. However, we expect Food City to comply with the restrictions including those prohibiting sit-down dining within the store premises as these restrictions were in place and known to Food City when they purchased the land. Food City wishes to impose similar deed restrictions against their business neighbors to prevent competition relative to their services and products.  We are simply asking Food City to operate as they expect others to operate. 
Over the last several months, we have in good faith done our best to get a commitment from Food City that they will honor the restrictions that appear in their deed; however, they refuse to do so and have left us with no alternative but to seek judicial enforcement of the deed restrictions. Our goal is to continue working with Food City within the confines of the law and the agreements and deed restrictions that are in place.”