Landlords trying to evict Angels and Wings

A Corbin restaurant already in hot water with state alcohol officials over potential liquor license violations could soon be evicted from its current location.
According to a civil lawsuit filed in May, Angels and Wings owner Scott Johnson owes $33,232.97 in past-due rent. The case, filed by Corbin Mall Associates, LC, owners of the Tri-County Square Shopping Center, was filed May 5 but is stalled out because Johnson cannot be located. The original civil suit claims Johnson and the restaurant are in violation of a lease agreement signed in Sept. 2003 and asks for an order of eviction.
“You can’t proceed against somebody until you get them in court,” said Barbourville attorney Pat Hauser, who is representing Corbin Mall Associates in the case. “He’s in Florida and different places from what I understand. I’m just trying to get him served so we can move forward.”
Legally, until authorities can formally notify Johnson of the litigation against him, the lawsuit is in limbo. Hauser said it’s likely the restaurant owner is purposefully dodging and confounding attempts to avoid being served paperwork regarding the case.
Last week, a two-day hearing before the Kentucky Alcohol Beverage Control Board wrapped up, but Johnson was never present. Investigators accuse restaurant owners and managers of failing to provide records to ABC officials and for illegally providing alcohol to a minor. Within 90 days, the board could revoke the restaurant’s liquor license for the offense. Angels and Wings was the second Corbin restaurant to obtain a license after the town approved a by-the-drink referendum in 2003. Officials tried to serve Johnson with paperwork during the hearings and his absence was noted, with some consternation, by members of the three-member ABC board.
According to the case file, Johnson was scheduled to be out of town for two weeks beginning Oct. 3. Later, court records claim he actually moved to Florida.
Marsha Spangler, Executive Vice President of Center Services, Inc., the management firm for Tri-County Square, said Johnson now pays rent for space leased to him in the building, but still owes the amount at issue in the lawsuit. She said she’s certain he’s aware of the legal action against him.
“I imagine that’s pretty well known down there,” she said. “It’s all in Mr. Hauser’s hands. He’s taking care of it.”