Fillin Station Grille

The now-closed Fillin Station Grille, which also had a location on Getwell Road in Southaven, is now in the middle of a legal battle with its neighbor next door, Southern Thunder Harley-Davidson.  

Bob Bakken|DTT

The owners of a now defunct restaurant, Fillin Station Grille, which principal parties say was forced to close because its neighbor, Southern Thunder Harley Davidson, began selling food in direct competition with and in direct violation of a reciprocal easement agreement have filed suit in Circuit Court alleging breach of contract.

Fill It Up, LLC, Fillin Station Grille, LLC, and Steven P. Beene have filed a complaint in the Circuit Court of DeSoto County alleging breach of contract and failure to act in good faith with that agreement.

Fill It Up , LLC, filed for bankruptcy protection before the Northern District of Mississippi on April 27, 2016.

Beene, its principal owner at the time of the filing, said the restaurant closed its door on Oct. 15.

According to Beene, the reason for the restaurant's demise, in part, was due to the fact that Southern Thunder Harley Davidson began allowing food vendor trucks to set up on the property adjoining Fillin Station Grille, in direct violation of a signed agreement between the two parties.

"We sent them a cease and stop letter to them over a year ago," said Beene. They were over there cooking and giving it (food) away or selling it for donations. It's pretty cut and dry."

According to the lawsuit, "these violations included but are not limited to selling/providing prepared food to customers, selling/Providing beverages to customers, selling/providing beer and other alcoholic beverages to customers, producing and promoting cook-outs and other special events during which food and drinks are sold/provided to customers, as well as utilizing food trucks and other food vendors from which food and drinks are sold/provided to customers."

The lawsuit also alleges that the defendant, Southern Thunder Harley Davidson, "has breached terms of the agreement and drastically impacted the profits of Fillin Station Grill, as well as Fill It Up, LLC, and the income derived from those entities."

"Defendant actions have caused losses of at least $100,000 per year since the defendant began violating the agreement."

Beene, the plaintiff in this case also alleges that due to the violations of the restrictive covenants, and its competition with Fillin Station Grille, that Fillin Station Grille did not generate sufficient income and as result it defaulted on its lease payments, resulting in the foreclosure of the real property owned by Fill It Up, LLC, loss of equity in the real estate, as well as Steven P. Beene's loss in equity in Fill It Up, LLC.

In the lawsuit, the plaintiff Beene points to the agreement in which "the parties intended that the restaurant and Harley Davidson would be compatible and complement one another.

"Specifically, the restaurant would attract potential customers to the Harley-Davidson, and the Harley-Davidson's customers would likewise go to the restaurant. The entire purpose of the agreement is to prevent the respective lot owners and businesses located thereon from competing against one another."

Fillin Station Grille opened in June of 2010. Its owners were Beene, and former partners Preston Lamm and Jim LoSapio. It was operated by River City Management Group at that time.

Beene said he and wife Lisa regret the restaurant had to be closed and said they will miss friends and associates in DeSoto County.

The couple came to DeSoto County in 1998. Beene is the former owner of Great River Beverage.

"We would like to thank everybody for their support over the years," Beene said. "Not only for Fillin Station Grille but Great River Beverage."

Attempts were made to speak with company representatives at Southern Thunder Harley-Davidson.

The lawsuit represents one side of a legal argument.

Robert Lee Long is Community Editor of the DeSoto Times-Tribune. He may be contacted at rlong@desototimestribune.com or at 662-429-6397, Ext. 252.

(5) comments

dtreader

Look into the owners past and you will see how many companies his has driving into the ground. Beene has lost 3-4 business because of him and his wife and his 1.5 million dollar home is in foreclosure. You can't take your RV and spend $1,000's of dollars at LSU game and except the business to float in the black. Compare Robilio Side Car to the filling station.Side car ALWAYS has tons of people and they are next to H-D as well. Fillin Station food was too high priced for the garage food they severed. They could have make lots of money if they would have good prices, good food and friend staff.

NO4NJNK

I talked to the owners wife Lisa about ideas to bringing in more business. I would stop in there at 11:00am during a ride and chat and have lunch. Most of the time, nobody came in the hour or so I was there. Everything I suggested was either, they tried that or they hate idea. One thing for sure, Lisa hated motorcycles and even more that Harley Davidson was right next door. They had no idea how to run the business. This turned out to be very obvious. This was a very nice setup for the Biker crowd..if they would have let it be that.

Furrs17

Food overpriced. Menus changes in 2015/16 jacked pricing and smaller portions, beer wasn't cold anymore, can't count the times I've seen piazza hit delivery going into FS. TSpme music groups they got to play was bad as kidengarners. Ants crawling on tables so I had watch where I sat. Service got horrible the last year or so. It originally had great concept but owners ran it into the ground. Ate at the other one at Snowde and it was just as bad. Guess ballfield concessions made FS lose money too

49144

The reason they closed was their own fault. Terrible, terrible, terrible service. To me, that means terrible management. We quit going there a while back and it had nothing to do with the Harley shop selling burgers once in a while for a fundraiser.

Inspector

I agree. Atrocious food and crappy service killed this business!

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