Could Greater Cincinnati recoup more than two dozen lost Big Boy restaurants this spring?
The former landlord of Frisch’s Big Boy, a Florida real estate company, stated in a corporate filing last week that it was still in the process of evicting 64 properties for the struggling diner operator.
However, the company, Orlando-based NNN Reit, added that it had taken back possession of more than half of those locations, “28 of which properties have been re-leased to another restaurant operator, with rent commencing May 1.”
The filing appears to confirm Frisch’s claim last week that Michigan-based Big Boy plans to reopen dozens of restaurants that have been shuttered due to evictions since October. The filing date indicates that the restaurants could open this spring.
A court battle for Big Boys turf
In a lawsuit filed last week, Frisch’s objected to those plans, claiming they would violate its 2001 contract with Southfield, Michigan-based Big Boy, which grants it “exclusive, perpetual, and irrevocable rights to operate restaurants under the name ‘Big Boy,'” in Kentucky, Indiana, and most of Ohio and Tennessee.
According to the lawsuit filed in United States District Court in Cincinnati, Frisch’s has requested an emergency court order to prevent Big Boy from opening rival restaurants in its “exclusive territory.”
Officials from NNN Reit, Frisch’s, and Big Boy did not return messages seeking comment.
The incoming concept is not named in the filing with the United States Securities and Exchange Commission on February 11.
According to the lawsuit, Frisch’s discovered the Michigan company’s plans after investigating the venture, which was originally advertised for employees as “Dolly’s Burgers and Shakes.”
According to the lawsuit, when a Frisch’s investigator applied for one of the jobs, he was told that the new restaurants would be Big Boys.
Who is this new Big Boy operator?
The court battle pits Frisch’s against Big Boy Restaurant Group, the successor to the renowned Elias Brothers Big Boy franchise, which also acquired the original Big Boy brand founded in California.
The Michigan-based Big Boy menu, like Frisch’s, includes breakfast, burgers, and shakes, but there are some differences: its hot fudge cake is served with ice cream, and its signature hamburger has “Big Boy” sauce rather than tartar sauce.
The menu includes items not found at Frisch’s, such as veal parmesan, chicken stir-fry, and a pot roast dinner. One major omission: no goetta.
Frisch’s has shuttered dozens of stores since fall
As of late December, NNN Reit had forced Frisch’s to close more than 65 locations across Ohio, Kentucky, and Indiana, including more than half of those in Greater Cincinnati.
Frisch’s Big Boy’s “Here to Stay” website, which originally listed more than 50 stores in December, now lists 31 locations in Ohio, Kentucky, and Indiana as of Friday.
Frisch’s had over 80 locations in Ohio, Kentucky, and Indiana at the start of last year before closing five in the spring. Frisch’s Big Boy had 121 locations when it was sold to an Atlanta-based investment firm for $175 million in 2015.
Frisch’s dispute with NNN Reit has resulted in a wave of closures since October. On October 23, Frisch’s announced that it would close an unspecified number of restaurants due to “unforeseen circumstances.”
According to court records, Frisch’s faced eviction from “more than 20” properties in Southwest Ohio alone. Records also show that NNN Reit claims Frisch’s owes more than $4.5 million in rent.
