Professional Documents
Culture Documents
Marys Cottage
Marys Cottage
Plaintiff,
vs. SUMMONS
Defendants.
You are hereby summoned and required to answer the Complaint in this action, a copy of
which is herewith served upon you, and to serve a copy of your answer to the Complaint upon the
subscriber at 24 Cleveland Street, Suite 100, Greenville, SC 29601, within thirty (30) days after
the service hereof, exclusive of the day of such service. If you fail to answer the Complaint within
that time, a judgment will be entered against you for the relief demanded in the Complaint.
s/ Ryan W. Pasquini___
Bruce W. Bannister (SC Bar No. 15679)
Luke A. Burke (SC Bar No. 100033)
Ryan W. Pasquini (SC Bar No. 104493)
24 Cleveland Street, Suite 100 (29601)
P. O. Box 10007 (29603)
Greenville, South Carolina
Phone: (864) 298-0084; Fax: (864) 298-0146
[email protected]
Attorneys for Plaintiff
July 9, 2021
Greenville, South Carolina
ELECTRONICALLY FILED - 2021 Jul 09 3:27 PM - GREENVILLE - COMMON PLEAS - CASE#2021CP2303233
STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS
THIRTEENTH JUDICIAL CIRCUIT
COUNTY OF GREENVILLE
Plaintiff,
vs. COMPLAINT
Defendants.
JURISDICTION
limited liability company with its principal place of business in Greenville County.
2. Defendant Carolina Foothills Garden Club, Inc., (hereinafter “Carolina Foothills Garden
Club”) is a South Carolina non-profit organization with its principal place of business in Greenville
County.
4. This Court has jurisdiction over the parties and the subject matter of this action.
5. Venue is proper in Greenville County, South Carolina pursuant to S.C. Code § 15-7-10(1).
FACTUAL BACKGROUND
6. Pursuant to a Lease Agreement dated July 12, 2004, Carolina Foothills Garden Club leased
from the City of Greenville the improved real property in Greenville, South Carolina described as
Allen D. Jones, individually, d/b/a Mary’s Restaurant, entered into a Sublease Agreement in which
Mary S. Jones, individually, and Allen D. Jones, individually, d/b/a Mary’s Restaurant subleased
from Carolina Foothills the improved real property in Greenville, South Carolina described as
Block Book No. 89-1-5.1, Greenville Tax Maps. (hereinafter referred to as the “Sublease
Agreement”)
8. On July 1, 2013, the City of Greenville, South Carolina leased to Carolina Foothills Garden
Club improved real property in Greenville, South Carolina described as Block Book No. 89-1-5.1,
9. On September 4, 2013, the City of Greenville, Carolina Foothills Garden Club and Mary
S. Jones, individually, and Allen D. Jones, individually, d/b/a Mary’s Restaurant, amended the
Sublease Agreement in certain respects by the execution of a First Amendment to the Sublease
Agreement for the purpose of extending the term of the Sublease Agreement such that it shall
expire on June 30, 2018. (hereinafter referred to as the “First Amendment to the Sublease
Agreement”)
10. The City of Greenville, Carolina Foothills Garden Club and Mary S. Jones, individually,
and Allen D. Jones, individually, d/b/a Mary’s Restaurant further amended the Sublease
Agreement dated effective as of December 31, 2017 in which Kent T. Fisher was added as an
additional tenant. (hereinafter referred to as the “Second Amendment to the Sublease Agreement”)
11. The City of Greenville, Carolina Foothills Garden Club and Mary S. Jones, individually,
and Allen D. Jones, individually, d/b/a Mary’s Restaurant, amended the Sublease Agreement in
certain respects by the execution of a Third Amendment to the Sublease Agreement for the purpose
ELECTRONICALLY FILED - 2021 Jul 09 3:27 PM - GREENVILLE - COMMON PLEAS - CASE#2021CP2303233
of extending the term of the Sublease to June 30, 2029 and permitting the assignment of the rights
of the tenant under the Sublease Agreement dated effective as of April 16, 2019. (hereinafter
12. An Assignment and Assumption of Sublease was entered into as of April 16, 2019, between
Mary S. Jones and Allen D. Jones and Cottage Hospitality that assigned, transferred, and conveyed
to Cottage Hospitality all of the Jones’ rights, title and interest in and to the Sublease Agreement,
including the right to operate the restaurant known as Mary’s at Falls Cottage located on the leased
premises.
13. When Cottage Hospitality took over the Sublease, Cottage Hospitality reported a plumbing
and structural issue with the floor related to flooding to the property manager and then
subsequently to the President of the Carolina Foothills Garden Club, Leslie Barker.
14. Since then, Cottage Hospitality has communicated the same concerns to the Carolina
15. After being put on notice of the plumbing and structural issues on the leased premises,
Cottage Hospitality, Carolina Foothills Garden Club, and the City of Greenville had multiple
meetings regarding how the City of Greenville would conduct expansive renovations to the
building in the least disruptive manner to the operation of Mary’s at Falls Cottage. The most recent
16. Less than a week after the June 15, 2021 meeting, when City of Greenville contractors
began the expansive renovations, one of the City of Greenville contractors discovered toxic mold
Cottage Hospitality’s sublease of the property known as Falls Cottage “by reason of Tenant’s
18. Subsequently, Cottage Hospitality’s operation of Mary’s at Falls Cottage was suspended
by Defendants.
19. Mary’s at Falls Cottage often hosts wedding receptions, wedding rehearsals, and other high
volume time-sensitive events. And, as a result of the purported lease termination and suspension
of business, Cottage Hospitality has and will continue to suffer significant financial and
(DECLARATORY JUDGEMENT)
20. This action is brought pursuant to S.C. Ann. § 15-53-10, et seq., the Uniform Declaratory
Judgments Act.
21. Justiciable controversies exist between the parties and it is necessary now to determine the
rights of the parties with respect to (1) the nature and scope of the parties right or lack thereof to
terminate the lease agreements; (2) the nature and scope of Cottage Hospitality’s right to access
Falls Cottage for purposes of conducting business or hosting outdoor events as a service of its
existing business; and (3) the nature and scope of the parties’ rights and obligations with respect
to maintenance costs, including repairing and maintaining all structural portions of the property,
and the basic plumbing, heating, ventilating, air conditioning, sprinkler and electrical systems.
22. Cottage Hospitality is a third-party beneficiary of the Prime Lease and is not responsible
for the damages that have occurred due to the lack of maintenance or negligence of Defendants.
ELECTRONICALLY FILED - 2021 Jul 09 3:27 PM - GREENVILLE - COMMON PLEAS - CASE#2021CP2303233
23. On September 4, 2013, the previous tenants executed the First Amendment to the Sublease
Agreement which specifically acknowledges that the parties entered into a new Lease Agreement
24. Furthermore, Paragraph 3 of the First Amendment to the Sublease states that the Sublease
is subject to and subordinate to all of the terms and conditions of the New Prime Lease and that
the New Prime Lease is incorporated as a part of the First Amendment as such.
25. The First Amendment to the Sublease Agreement specifically states that “should a conflict
arise between the terms of this First Amendment and those of the Sublease, the terms of this First
26. According to Paragraph 8.2 of the Prime Lease, the City of Greenville is responsible for
repairing and maintaining all structural portions of the property, and the basic plumbing, heating,
27. As such, the structural damages resulting from plumbing issues, do not constitute repairs
for which Cottage Hospitality is liable under the terms of the lease agreements entered into
between the parties, but constitute items, the correction of which is the responsibility of the
Defendants.
28. Furthermore, Paragraph 19(b) of the Sublease Agreement entitles Cottage Hospitality to
cure any failure to maintain any of the terms, covenants or conditions of the lease within thirty
days after notice or within a reasonable period if the failure cannot be reasonably cured within 30
days.
29. Even in the event Cottage Hospitality is found to be responsible for the alleged damages
that have occurred, which it specifically denies, the lease agreement cannot be terminated because
1) For the Court to declare the rights and liabilities of the parties as set forth hereinabove.
2) For the Court to declare that Defendants are ultimately responsible for the structural
3) For the Court to declare that Defendants are ultimately responsible for plumbing, electrical,
4) For the Court to declare that Defendant cannot and has not effectively terminated the Lease
6) For such other and further relief the Court may deem just and proper.
s/ Ryan W. Pasquini__
Bruce W. Bannister (SC Bar No. 15679)
Luke A. Burke (SC Bar No. 100033)
Ryan W. Pasquini (SC Bar No. 104493)
24 Cleveland Street, Suite 100 (29601)
P. O. Box 10007 (29603)
Greenville, South Carolina
Phone: (864) 298-0084; Fax: (864) 298-0146
[email protected]
Attorneys for Plaintiff
July 9, 2021