A Mobile County District Court Judge ruled the Alabama Music Box should vacate the premise at 455 Dauphin St., but the controversial music venue doesn’t have to go anywhere just yet.
Just after an eviction hearing on Nov. 25 Judge Bob Sherling ruled in favor of Diggler LLC., which owns the property, and stated the company was able to evict the AMB.
On Aug. 26, Diggler LLC gave the Alabama Music Box a 30-day notice to move out of the Dauphin Street location. However, to date the Alabama Music Box remains in the building.
John Lee, an attorney for Diggler, argued the eviction was a simple 30-day notice for a commercial month-to-month lease and the business should vacate the premises. Young has wanted AMB out of his building as a result of Mathews’ frequent legal run-ins due to noise issues.
But Buzz Jordan, the attorney representing the Music Box LLC, said the matter is anything but simple. He said a 2010 lease agreement, which did not include two owners of the AMB’ signatures, proved there was a yearly contract between the venue and Diggler, which is owned by Brad Young.
Even during the Nov. 25 hearing, Sherling seemingly was already siding with Diggler.
Several times Sherling said the 2010 contract “wasn’t a lease because it wasn’t signed by everyone” and said, “there was not an agreement.”
In Sherling’s order, he also said AMB should pay $8,400 in back rent to Diggler.
David Mathews, one of AMB’s owners, said the venue has written checks to Diggler, but Young will not accept them. That is because in commercial month-by-month leasing, if a landlord takes rent money, then the eviction process starts all over again.
During an interview with Lee on Nov. 27, the attorney said he expected Jordan to appeal, which the deadline is Monday.
“This is just the first step. I’m sure this will be appealed to the Circuit Court,” he said.
The 455 Dauphin St. building was put up for sale by Diggler and during the Nov. 25 hearing, he said there was a contract in place for a buyer. However, that transaction cannot be completed until the matter with the AMB comes to a conclusion.
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