Southern Lanes fighting attempt to build on lot

Published 12:00 am Thursday, August 28, 2003

Don Litten is a tenant who just wants to be left alone. Instead, Litten, owner of Southern Lanes, a 24-lane bowling alley at 1776 Campbell Lane, has had to endure a trial in court recently after being named as a defendant in a lawsuit brought by his landlord, Greenwood Plaza LLC. The company wants to build a new shopping center in Littens parking lot directly in front of Southern Lanes. Litten is trying to prevent it, claiming the new center would eliminate about half the parking spaces and obstruct the view of the building from potential customers on Campbell Lane. I just dont believe that they can put a building right in front of my business and take my visibility away, said Litten, whose been in business there since 1984. I just think its a crazy deal. I just dont understand it. When they put this building in, its going to be right at my front door. Our parking lot would be completely gone. Actually, drawings filed as part of the original complaint in Warren Circuit Court shows that about half the current 130 parking spaces would be taken. These spaces were shared with other businesses that operated in an 18,000-square-foot retail center on the north side of Littens building that was demolished last year by Greenwood Plaza. Alan Simpson, Littens attorney, wonders why the company does not just rebuild on that spot or in the vast acreage on nearby Gary Farms Boulevard The same folks that own this have 100 acres behind there that they can develop; why they picked this property we just dont understand, Simpson said. The case was argued in Warren Circuit Court last week. Several witnesses were called during the three-day bench trial. Both sides now await Warren Circuit Judge Tom Lewis decision, which should come in the next couple of weeks. All were asking is for them to leave well enough alone, Simpson said. Littens response to Greenwood Plazas complaint filed in Warren Circuit Court says the lease does not allow Greenwoods action. The lease involves not only the use of the Southern Lanes building, but also … the right to non-exclusive use of all common facilities which shall include but not be limited to sidewalks, … in addition to the parking area, he said. Greenwood Plaza, which also owns the nearby Gary Farms Boulevard development, did not return several phone calls seeking comment. However, Kenny Nealy, a broker for Investors Realty Management, which is also helping develop Gary Farms, said Greenwood Plaza is planning to redevelop the whole area, including improvements to the former Junior Foods store and Big B Cleaners on either side of Southern Lanes. All they (Greenwood Plazas owners) want to do is better the situation for everybody, Nealy said. They plan to redevelop what was previously that whole shopping center. But Simpson claims the company wants simply to better itself and isnt being careful enough in the way its dealing with Littens business. This guy pays a lot of money in rent and now theyre going to try and flop a building down in front of him, Simpson said. Its destroying the use of our land. In its complaint, Greenwood Plaza LLC claims its plans would improve the property and would, among other things, provide additional parking for Littens business by adding an additional lot on the west side and a drive entrance connecting the new shopping center to Gary Farms Boulevard. None of those planned improvements can replace the value of the visibility and parking that the shopping center would remove, Litten said. The bowling business has changed in the past few years, Simpson said. Now, its more about impulse and driving by and saying Lets go play. Thats what makes visibility at the bowling alley more important than ever. Litten thinks a parking lot on the side of the building would be shunned and not as safe for customers. For one thing, its farther away, he said. Youre talking about people carrying bowling balls. Also, by having a parking lot in the front, everybody can see that; there are windows out in front. Now, youre going to be putting that in a corner where its secluded. Litten, who used to own a bowling alley in Glasgow, said a parking lot on a less-visible side of his building there invited break-ins. Hes concerned that the parking and security issues would affect events like a state tournament his business is hosting in November. We will be packed from nine oclock in the morning until later on at night, he said. Were talking 120 bowlers who will come in just in the first shift and then the second shift comes in before the first shift is done. We will need the parking. We will definitely be packed. On some weekends and tournaments when were packed, were full. Litten has considered moving the business to the former vacant Kroger building on Scottsville Road. But its not because he wants to move. We talked about it because they (Greenwood Plaza) wanted us to find another place, Litten said. One month they want me to move, the next they dont. Theyve been doing this on and off since they bought this property in 1999. In its complaint, the company claims it does not want Litten, who leases the property for $125,000 a year, to move. The plaintiff does not request that the defendant relocate, the complaint claims. Additionally, the plaintiff does not request that the defendant pay additional rent … But Greenwood Plazas actions dont match its claims in court, said Simpson, pointing to the companys failure to invest a $500,000 credit for hail damage received when purchasing the property. They saved all that money when they bought the property in 1999, but they havent done anything to fix the damage caused by the hail to my clients roof, he said. Bowling Green attorney Larry Hinton, who represented the company at the trial, said he does not comment on pending litigation.

Email newsletter signup