MORGANTOWN – The closure of the short-lived Primanti Bros. restaurant at 485 High Street has resulted in a lawsuit.
High Street Morgantown West Virginia LLC is suing Primanti Bros. West Virginia LLC and Primanti Corp. for breach of lease and breach of guaranty after being notified by the restaurant chain in February that it was abandoning the premises and stopping rent payments.
Court records indicate Primanti Bros. West Virginia LLC made its last rent payment on the 6,665-square-foot space on Feb. 25, about six months after the High Street location abruptly closed last August.
The restaurant was open for about one year.
According to the lawsuit, filed May 7 in Monongalia County Circuit Court, High Street Morgantown is asking the court for a judgment including a principle amount of of $831,798.19, plus $41,589.91 in late fees. Additionally, the lawsuit is seeking attorneys’ fees, costs and expenses (just under $20,000 as of April 30), and any further and additional relief that the court deems warranted.
Per the court filing, the parties signed a 10-year lease under which Primanti Bros. would pay $12,225 base rent per month for the first five years plus a proportionate share of common area expenses calculated at $3.92 per square foot for the first year, bringing the total monthly payment to $15,828.25. At the start of year six, the base rent amount was to climb to $13,447.50.
As for what makes up the “principle amount” being sought by High Street Morgantown, the lease states that upon tenant default, the landlord may terminate the lease and collect as damages all outstanding rent due (three months); base rent through the lesser of the end of the lease term or 24 months (the latter in this case); and the unamortized portion of any brokerage commission and tenant improvement allowance ($506,057.73).
While the one-year run of Primanti Bros. on High Street officially began in August 2024, the groundwork to bring the chain restaurant/bar downtown began more than a year prior.
Between May and July 2023, two established businesses announced they would be leaving the building at 485 High Street. The Back Door closed after more than 30 years in business. Casa D’ Amici moved down the street to the former home of Lotsa Mozza.
In October 2023, the lease between Primanti Bros. and High Street Morgantown was signed.
That December, the Morgantown Board of Zoning Appeals approved a restaurant/private club designation for the business, which is the mandatory city precursor for a state liquor license.
A month later, Morgantown City Council adopted an ordinance suspending enforcement of two subsections of city code regarding the restaurant/private club designation. Those subsections required businesses to demonstrate through quarterly reports that at least 60% of its revenue was coming through food sales.
While the restaurant chain was never mentioned during those deliberations, it’s believed those changes were made in an effort to bring Primanti Bros. downtown based on information provided to The Dominion Post.
