Ti Amo prevails
Staff reports

CAVE CREEK – A Maricopa County Superior Court judge late last month ruled in favor of a Cave Creek restauranteur in a tenant/landlord dispute.                     

Judge Peter Swann on Nov. 21 granted a preliminary injunction pending trial in the civil lawsuit brought by Tara Lynn Inc., owner of Ti Amo Restaurant, against Petree Shoppes at Cave Creek.

Petree Shoppes on Oct. 7 temporarily shut down the Italian restaurant when it locked out restaurant workers, claiming Ti Amo was behind in its October rent and had breached the terms of its lease by failing to carry adequate insurance coverage and maintain the premises.

“The rent was never late,” said Ti Amo manager Reha Soylular. “We want this to end on good terms.”

The attorney for Petree Shoppes did not return calls placed by The Desert Advocate seeking comment.

The restaurant, located at 6268 E. Cave Creek Road, had been in business for one year before the lockout. It remained closed until mid‑October. 

Ti Amo’s owner is suing for $5,000 in costs and attorney’s fees, according to the complaint, plus compensatory and punitive damages. Alleged are breach of contract, breach of the covenant of good faith and fair dealing, and intentional and negligent interference with business relationships.

In granting the preliminary injunction, the Court concluded “the balance of hardships tips sharply” in Ti Amo’s favor. “All significant breaches of the lease have already been cured ... The record reveals a small business struggling for survival,” court records state.

Although the restaurant’s lease expires in January 2008, the lease includes a three‑year renewal option.

Soylular said he does not plan to pack up Ti Amo and move to another location as a result of the legal conflict with his landlord. “We don’t have to hide or run away from anybody,” he stated.