Preview
14-CV-24-2216
Filed in District Court
State of Minnesota
6/24/2024 3:10 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF CLAY SEVENTH JUDICIAL DISTRICT
Case Type: Civil Other/Misc.
Court File No.:
Judge:
Moorhead Holiday Associates, LLP,
Civil No.:__________________
Plaintiff,
v.
COMPLAINT IN FORCIBLE
Ryan Alford LLC, a Minnesota DETAINER
Limited Liability Company, d/b/a
Altony’s, and Ryan Alford,
individually
Defendants.
Plaintiff Moorhead Holiday Associates, LLP (“Plaintiff”), for its Complaint against
Defendant Ryan Alford LLC, a Minnesota Limited Liability Company, d/b/a Altony’s
(“Altony’s”) and Ryan Alford, individually (“Alford”) in the above-captioned matter, states and
alleges as follows:
Identification of Parties
1. Plaintiff is a Minnesota Limited Liability Partnership, with its principal place of
business located at 800 Holiday Drive #250, Moorhead, MN 56560.
2. Altony’s is a Minnesota Limited Liability Company with its principal place of
business located at 800 Holiday Drive, Suite 176, Moorhead, MN 56560.
3. Alford is a North Dakota resident, with his occupation being that of the principal
member of Altony’s, conducting business in Moorhead, Clay County, MN.
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Jurisdiction and Venue
4. The Court has personal jurisdiction over Altony’s because it is a Minnesota based
company, and Alford conducting business in Minnesota, as a member of a Minnesota LLC and
both are parties a party to a lease contract with Plaintiff for real property located in Minnesota.
5. The venue of this action in Clay County is proper because the subject leased
premises is located in the City of Moorhead, County of Clay, State of Minnesota.
Background
6. Plaintiff is the owner of real property commonly known as Holiday Mall, located
at 800 Holiday Drive, in the City of Moorhead, County of Clay, State of Minnesota (“Holiday”).
7. Altony’s agreed to rent 2,040 square feet of retail space from Plaintiff within
Holiday, designated as 800 Holiday Drive, Suite 176, City of Moorhead, County of Clay, State of
Minnesota (the “Leased Premises”). Altony’s entered into a lease dated October 27, 2020, for the
rental of the Leased Premises for a term of thirty-nine (39) months commencing on November 1,
2020 and ending on January 31, 2024 (“the Original Lease”). See the Original Lease attached
herein as Exhibit “A”. The Original Lease is subject to one (1) additional three (3) year term
following the initial term, which Altony’s may exercise at its option if there is no default in the
Lease at the time of extension and a notice of nine (9) months prior to the end of the immediately-
preceding term is given to Plaintiff, pursuant to the Original Lease. Id. at 3.
8. Under the Original Lease, Altony’s agreed to pay a Base Rent (“Base Rent”) for
the thirty-nine (39) months that composed the standard term of the Lease in the following amounts:
$24,480.00 annually with corresponding monthly installment payments of $2,040.00 for the first
thirty-nine (39) months of the Lease and $26,520.00 annually with corresponding monthly
payments of $2,210.00 for Option Years 4-6 of the Lease. Id. at 2-3. All monthly payments are due
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Filed in District Court
State of Minnesota
6/24/2024 3:10 PM
the first (1st) of each month. Id. at 1.
9. In addition to Base Rent, the Original Lease also requires Altony’s to pay, as
Additional Rent, their share of common area costs (“Common Area Costs”) as defined in the
Original Lease. Id. at 8-9. The amount of Additional Rent varies each year and is required to be
paid in monthly installments, with the Base Rent payments, based on Plaintiff’s estimation of
Additional Rent charges for the upcoming year. Id. at 9.
10. Altony’s has an obligation to pay Plaintiff for their share of all taxes that are
payable against the land in addition to reimbursing the Plaintiff for real estate taxes, if any (but
excluding general business income taxes), paid by Plaintiff on rents from the Leased Premises
(“Taxes”). Id. at 5-6. This amount may be based on Plaintiff's reasonable estimate until the actual
tax amounts are available, and, when available, an adjustment shall be made, and any difference
shall be payable based on Altony’s actual share as determined. Id. at 6.
11. All payments under the Original Lease not made within five (5) days of being due,
shall accrue interest at a rate of 15% per annum from their due date until paid. Id. at 20-21.
12. All payments required to be paid by Altony’s under the Original Lease, other than
Base Rent, shall be treated as Additional Rent (“Additional Rent”), whether or not the same is so
designated. Base Rent and Additional Rent under the Original Lease are collectively defined as
“Rent.” Id. at 21
13. The Original Lease provides that the prevailing party may recover its attorney’s
fees in the event of default of Altony’s. Id.
14. Alford signed a Guaranty of Lease guaranteeing the lease obligations between
Plaintiff and Altony’s. Id. at Ex. E.
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14-CV-24-2216
Filed in District Court
State of Minnesota
6/24/2024 3:10 PM
First Amendment to the Original Lease
15. Plaintiff and Altony’s entered into a First Amendment to the Lease Agreement
(“First Amendment”) on November 1, 2023, amending the Original Lease in five (5) ways (See
the First Amendment to Lease attached as Exhibit “B”):
a) Altony’s was granted an additional three (3) year lease period, extending the
lease through January 31, 2027 and increasing monthly Base Rent payments to
$2,210.00 beginning on February 1, 2024, and continuing for the
remainder of the term.
b) Plaintiff acknowledged that Altony’s repaid the Tenant Improvement
Allowance in full, as required by the Lease terms.
c) Plaintiff agreed to, at its sole cost and expense, prompt repair the heating
units serving the Leased Premises.
d) Plaintiff agreed to, at its sole cost and expense, repair of damaged
concrete in front of the Leased Premises in 2024, when weather
conditions became favorable for making such repairs.
e) Plaintiff and Altony’s agreed to several changes concerning minimum
hours of operation. The parties agreed to move Altony’s minimum
required hours of operation to Tuesday-Saturday, 11:00 AM to 7:00 PM.
Further, Altony’s was permitted to close the restaurant for seven (7)
business days for vacation purposes. Finally, Altony’s agreed to, at its
sole cost and expense, obtain a professionally designed sign from a
professional sign company, to place upon the door of the Leased Premises
to inform customers whenever the restraint was closed to customers.
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State of Minnesota
6/24/2024 3:10 PM
16. The First Amendment maintained all other terms and obligations of the Original
Lease, including the Guaranty of Lease signed by Alford. Id.
Default under the Lease
17. Under the Lease, tenant is deemed to be in default whenever tenant fails to pay Rent
when due under the Lease, in addition to the other reasons for default defined under the Lease. See
Exhibit “A” at 20-21.
18. Altony’s is in default of the Lease for failing to make payments of Rent from May
2024 through June 2024, including Base Rent and past-due Common Area Charges along with late
fees.
19. Altony’s is also in default of the Lease for failing to reimburse Plaintiff for the cost
of repairs which Altony’s failed to complete, despite their requirement to do so under Section 10
of the Lease. Id. at 14.
20. Altony’s is additionally in default of the Lease for failing to uphold Section 8 of
the Lease, as modified by the First Amendment, by not being open for business on June 7, 2024,
and other days as required under the Lease. See Exhibit “B”.
21. Plaintiff provided notice of Altony’s default and right to cure that default to
Altony’s on May 14, 2024 (See May Default Notice attached herein as Exhibit “C”) and again on
June 7, 2024 (See June Default Notice attached herein as Exhibit “D”).
22. Altony’s failed to cure its default as required under the Lease, and thus is in breach
of the Lease yet still in possession of the said premises, unlawfully detaining possession from the
Plaintiff.
Remedies and Damages under the Lease
23. The total amount owed and unpaid for Rent and CAM for May 2024 through June
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2024 is $3,060.00, along with a late fee of $459.00 and a 15% delay fee $152.70, exclusive of
attorney’s fees, interest, and other recoverable costs and expenses under the Lease. See Statement
of Amounts Owed attached herein as Exhibit “E”.
24. Plaintiff is additionally owed $1,018.03 in unreimbursed repair costs, as well as a
15% fee for overhead and additional costs of $152.70, for total repair costs owed of $1,170.73.
See Repair Invoices attached Herein as Exhibit “F”.
25. In this action, Plaintiff is seeking to recover all past due Rent, repair costs,
attorney’s fees, interest, and all other recoverable amounts under the Lease in the amount of
$4,689.73.
WHEREFORE, Plaintiff requests that this Court enter judgment in its favor as follows:
1. For a Judgment of Eviction against the Defendant Altony’s and all others in
possession restoring Plaintiff to restitution of the property.
2. Granting Plaintiff, a judgment against Defendant Altony’s and Defendant Alford,
joint and severally, in the amount of $4,698.73;
3. Awarding Plaintiff statutory attorney’s fees of $5.00;
4. Awarding Plaintiff reasonable attorney’s fees and costs and disbursements, to the
extent not already recoverable under the Lease to be paid by Defendants and including in Plaintiff’s
judgment against Defendants;
5. Awarding Plaintiff post-judgment interest, and
6. Awarding such other relief to Plaintiff as the Court deems just and equitable.
Dated: June 24, 2024
/s/ Ryan C. McCamy __________
Ryan C. McCamy, MN ID #0396962
Conmy Feste Ltd.
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14-CV-24-2216
Filed in District Court
State of Minnesota
6/24/2024 3:10 PM
406 Main Avenue, Suite 200
P.O. Box 2686
Fargo, ND 58108-2686
Telephone (701) 293-9911
Email: rmccamy@conmylaw.com
ATTORNEYS FOR PLAINTIFF
ACKNOWLEDGMENT
The undersigned and the party represented hereby acknowledge that sanctions may be
imposed pursuant to M.S.A. § 549.211 for breach of subdivision 2 thereof.
/s/ Ryan C. McCamy ______________
Ryan C. McCamy
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Preview
14-CV-24-2216 Filed in District Court State of Minnesota 6/24/2024 3:10 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF CLAY SEVENTH JUDICIAL DISTRICT Case Type: Civil Other/Misc. Court File No.: Judge: Moorhead Holiday Associates, LLP, Civil No.:__________________ Plaintiff, v. COMPLAINT IN FORCIBLE Ryan Alford LLC, a Minnesota DETAINER Limited Liability Company, d/b/a Altony’s, and Ryan Alford, individually Defendants. Plaintiff Moorhead Holiday Associates, LLP (“Plaintiff”), for its Complaint against Defendant Ryan Alford LLC, a Minnesota Limited Liability Company, d/b/a Altony’s (“Altony’s”) and Ryan Alford, individually (“Alford”) in the above-captioned matter, states and alleges as follows: Identification of Parties 1. Plaintiff is a Minnesota Limited Liability Partnership, with its principal place of business located at 800 Holiday Drive #250, Moorhead, MN 56560. 2. Altony’s is a Minnesota Limited Liability Company with its principal place of business located at 800 Holiday Drive, Suite 176, Moorhead, MN 56560. 3. Alford is a North Dakota resident, with his occupation being that of the principal member of Altony’s, conducting business in Moorhead, Clay County, MN. 1 14-CV-24-2216 Filed in District Court State of Minnesota 6/24/2024 3:10 PM Jurisdiction and Venue 4. The Court has personal jurisdiction over Altony’s because it is a Minnesota based company, and Alford conducting business in Minnesota, as a member of a Minnesota LLC and both are parties a party to a lease contract with Plaintiff for real property located in Minnesota. 5. The venue of this action in Clay County is proper because the subject leased premises is located in the City of Moorhead, County of Clay, State of Minnesota. Background 6. Plaintiff is the owner of real property commonly known as Holiday Mall, located at 800 Holiday Drive, in the City of Moorhead, County of Clay, State of Minnesota (“Holiday”). 7. Altony’s agreed to rent 2,040 square feet of retail space from Plaintiff within Holiday, designated as 800 Holiday Drive, Suite 176, City of Moorhead, County of Clay, State of Minnesota (the “Leased Premises”). Altony’s entered into a lease dated October 27, 2020, for the rental of the Leased Premises for a term of thirty-nine (39) months commencing on November 1, 2020 and ending on January 31, 2024 (“the Original Lease”). See the Original Lease attached herein as Exhibit “A”. The Original Lease is subject to one (1) additional three (3) year term following the initial term, which Altony’s may exercise at its option if there is no default in the Lease at the time of extension and a notice of nine (9) months prior to the end of the immediately- preceding term is given to Plaintiff, pursuant to the Original Lease. Id. at 3. 8. Under the Original Lease, Altony’s agreed to pay a Base Rent (“Base Rent”) for the thirty-nine (39) months that composed the standard term of the Lease in the following amounts: $24,480.00 annually with corresponding monthly installment payments of $2,040.00 for the first thirty-nine (39) months of the Lease and $26,520.00 annually with corresponding monthly payments of $2,210.00 for Option Years 4-6 of the Lease. Id. at 2-3. All monthly payments are due 2 14-CV-24-2216 Filed in District Court State of Minnesota 6/24/2024 3:10 PM the first (1st) of each month. Id. at 1. 9. In addition to Base Rent, the Original Lease also requires Altony’s to pay, as Additional Rent, their share of common area costs (“Common Area Costs”) as defined in the Original Lease. Id. at 8-9. The amount of Additional Rent varies each year and is required to be paid in monthly installments, with the Base Rent payments, based on Plaintiff’s estimation of Additional Rent charges for the upcoming year. Id. at 9. 10. Altony’s has an obligation to pay Plaintiff for their share of all taxes that are payable against the land in addition to reimbursing the Plaintiff for real estate taxes, if any (but excluding general business income taxes), paid by Plaintiff on rents from the Leased Premises (“Taxes”). Id. at 5-6. This amount may be based on Plaintiff's reasonable estimate until the actual tax amounts are available, and, when available, an adjustment shall be made, and any difference shall be payable based on Altony’s actual share as determined. Id. at 6. 11. All payments under the Original Lease not made within five (5) days of being due, shall accrue interest at a rate of 15% per annum from their due date until paid. Id. at 20-21. 12. All payments required to be paid by Altony’s under the Original Lease, other than Base Rent, shall be treated as Additional Rent (“Additional Rent”), whether or not the same is so designated. Base Rent and Additional Rent under the Original Lease are collectively defined as “Rent.” Id. at 21 13. The Original Lease provides that the prevailing party may recover its attorney’s fees in the event of default of Altony’s. Id. 14. Alford signed a Guaranty of Lease guaranteeing the lease obligations between Plaintiff and Altony’s. Id. at Ex. E. 3 14-CV-24-2216 Filed in District Court State of Minnesota 6/24/2024 3:10 PM First Amendment to the Original Lease 15. Plaintiff and Altony’s entered into a First Amendment to the Lease Agreement (“First Amendment”) on November 1, 2023, amending the Original Lease in five (5) ways (See the First Amendment to Lease attached as Exhibit “B”): a) Altony’s was granted an additional three (3) year lease period, extending the lease through January 31, 2027 and increasing monthly Base Rent payments to $2,210.00 beginning on February 1, 2024, and continuing for the remainder of the term. b) Plaintiff acknowledged that Altony’s repaid the Tenant Improvement Allowance in full, as required by the Lease terms. c) Plaintiff agreed to, at its sole cost and expense, prompt repair the heating units serving the Leased Premises. d) Plaintiff agreed to, at its sole cost and expense, repair of damaged concrete in front of the Leased Premises in 2024, when weather conditions became favorable for making such repairs. e) Plaintiff and Altony’s agreed to several changes concerning minimum hours of operation. The parties agreed to move Altony’s minimum required hours of operation to Tuesday-Saturday, 11:00 AM to 7:00 PM. Further, Altony’s was permitted to close the restaurant for seven (7) business days for vacation purposes. Finally, Altony’s agreed to, at its sole cost and expense, obtain a professionally designed sign from a professional sign company, to place upon the door of the Leased Premises to inform customers whenever the restraint was closed to customers. 4 14-CV-24-2216 Filed in District Court State of Minnesota 6/24/2024 3:10 PM 16. The First Amendment maintained all other terms and obligations of the Original Lease, including the Guaranty of Lease signed by Alford. Id. Default under the Lease 17. Under the Lease, tenant is deemed to be in default whenever tenant fails to pay Rent when due under the Lease, in addition to the other reasons for default defined under the Lease. See Exhibit “A” at 20-21. 18. Altony’s is in default of the Lease for failing to make payments of Rent from May 2024 through June 2024, including Base Rent and past-due Common Area Charges along with late fees. 19. Altony’s is also in default of the Lease for failing to reimburse Plaintiff for the cost of repairs which Altony’s failed to complete, despite their requirement to do so under Section 10 of the Lease. Id. at 14. 20. Altony’s is additionally in default of the Lease for failing to uphold Section 8 of the Lease, as modified by the First Amendment, by not being open for business on June 7, 2024, and other days as required under the Lease. See Exhibit “B”. 21. Plaintiff provided notice of Altony’s default and right to cure that default to Altony’s on May 14, 2024 (See May Default Notice attached herein as Exhibit “C”) and again on June 7, 2024 (See June Default Notice attached herein as Exhibit “D”). 22. Altony’s failed to cure its default as required under the Lease, and thus is in breach of the Lease yet still in possession of the said premises, unlawfully detaining possession from the Plaintiff. Remedies and Damages under the Lease 23. The total amount owed and unpaid for Rent and CAM for May 2024 through June 5 14-CV-24-2216 Filed in District Court State of Minnesota 6/24/2024 3:10 PM 2024 is $3,060.00, along with a late fee of $459.00 and a 15% delay fee $152.70, exclusive of attorney’s fees, interest, and other recoverable costs and expenses under the Lease. See Statement of Amounts Owed attached herein as Exhibit “E”. 24. Plaintiff is additionally owed $1,018.03 in unreimbursed repair costs, as well as a 15% fee for overhead and additional costs of $152.70, for total repair costs owed of $1,170.73. See Repair Invoices attached Herein as Exhibit “F”. 25. In this action, Plaintiff is seeking to recover all past due Rent, repair costs, attorney’s fees, interest, and all other recoverable amounts under the Lease in the amount of $4,689.73. WHEREFORE, Plaintiff requests that this Court enter judgment in its favor as follows: 1. For a Judgment of Eviction against the Defendant Altony’s and all others in possession restoring Plaintiff to restitution of the property. 2. Granting Plaintiff, a judgment against Defendant Altony’s and Defendant Alford, joint and severally, in the amount of $4,698.73; 3. Awarding Plaintiff statutory attorney’s fees of $5.00; 4. Awarding Plaintiff reasonable attorney’s fees and costs and disbursements, to the extent not already recoverable under the Lease to be paid by Defendants and including in Plaintiff’s judgment against Defendants; 5. Awarding Plaintiff post-judgment interest, and 6. Awarding such other relief to Plaintiff as the Court deems just and equitable. Dated: June 24, 2024 /s/ Ryan C. McCamy __________ Ryan C. McCamy, MN ID #0396962 Conmy Feste Ltd. 6 14-CV-24-2216 Filed in District Court State of Minnesota 6/24/2024 3:10 PM 406 Main Avenue, Suite 200 P.O. Box 2686 Fargo, ND 58108-2686 Telephone (701) 293-9911 Email: rmccamy@conmylaw.com ATTORNEYS FOR PLAINTIFF ACKNOWLEDGMENT The undersigned and the party represented hereby acknowledge that sanctions may be imposed pursuant to M.S.A. § 549.211 for breach of subdivision 2 thereof. /s/ Ryan C. McCamy ______________ Ryan C. McCamy 7