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Short's Burger and Shine has been ordered to vacate its downtown Iowa City restaurant at 18 S. Clinton St. until Feb. 10 after a judge ruled the business failed to renew its lease.
Kevin Perez, owner of Short's Burger and Shine, has been involved in ongoing litigation with property owner MidWestOne Bank for nearly three years.
MidWestOne Bank previously filed three lawsuits against Short's Burger since July 2022 through May 2023. The suit in May alleged that Short's did not provide enough notice to renew its lease with MidWestOne Bank according to court documents. Two of the three lawsuits against Short's were dismissed in March and April 2023.
The Short's owners filed their own lawsuit against MidWestOne in March 2023 over alleged claims that MidWestOne Bank was failing to correct necessary repairs to the property, including deteriorating back wall and gas line problems, which violated the agreement. lease.
The restaurant was temporarily closed in April 2022 for renovations and reopened in August 2022.
Dennis Mitchelltrust officer at MidWestOne Bank, testified in court that Short's never had to close because of back wall or gas meter problems according to court documents filed Jan. 31.
Mitchell testified that Short's Burger and Shine allegedly did not give enough notice to renew the lease after not contacting Perez with the intent to renew the lease before March 2023.
The court ruled that Short's had not given enough notice to MidWestOne to renew its traffic, resulting in a ruling that Short's must vacate by February 10.
Perez's legal counsel, Shawn Shearer, said in a press release Tuesday that the team plans to appeal the decision.
“We have civil rights issues to litigate, so this isn't over too quickly,” the statement said.
Perez spoke at Iowa City's most recent Truth and Reconciliation Ad Hoc Meeting, alleging that MidWestOne Bank is deliberately trying to push him out of the downtown Iowa City property.
The property in question was previously owned by Haywood Belle, who was a third-generation African-American business owner. Belle died in 2016 and left the building to a trust administered by MidWestOne Bank.
For nearly 50 years, Short's Shoe Shine and Repair business run by HD Short owned the 18 S. Clinton St. name. Short is included in the current business as a monument to the building's past.
Because of the building's history of Black ownership associated with the property, Perez argued it should be protected by the TRC and added to the historic preservation list so MidWestOne Bank doesn't “let the building rot.”
“Minority achievements can't just be erased so the city can be kinder,” Perez said. “I may have left this space for now, but I assure you that I will continue to fight for myself, my family, my employees, Haywood Belle, HD Short and their ancestors. Downtown Iowa City should be for everyone.”
MidWestOne Bank did not respond The Daily Iowan for comments at time of publication.