Judge sides with casino in SoGo Live's lease case

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Judge sides with casino in SoGo Live's lease case
Bar ordered to vacate its current location
By Angelle Barbazon
The Daily Reveille
June 20, 2006

SoGo Live and the Belle of Baton Rouge Casino continued their property battle in court Friday.

19th Judicial District Court Judge Tim Kelly sided with the casino, referring to a clause in SoGo Live's lease that allows the casino to terminate the bar's lease without cause and required the casino to pay SoGo Live $336,000.

Stephen Babcock, SoGo Live's attorney in the case, said the bar was ordered to vacate its current location.

"There's still evidence [in our favor]," SoGo Live owner Abe Kinney said. "We think that it was put there for a reason and [the clause] needs to be honored and they failed to do so."

In response to the judge's decision, Babcock filed a motion for appeal on Friday. He said he does not know when SoGo Live will receive the payment because of the appeal.

"I think that the appeal will be successful because it's our opinion that the judge overlooked crucial pieces of evidence," Babcock said.

Babcock said both parties acknowledged that the lease instructs the casino to pay the money to SoGo Live prior to the possession of the property.

Kinney said the casino did not honor its claim because the lease was not as detailed as it should have been.

SoGo Live will be open for business for the duration of the appeal which may take 4 to 6 months.

SoGo Live's lease with the casino commenced June 1, 2004 and ended May 1, 2005.

The "First Renewal Term" of the lease states that SoGo Live may extend it for a one year period upon notice to the casino. The lease also states the "First Renewal Term" may be extended for another year term. The "Second Renewal Term" may be extended for 3 more years.

After the "Third Renewal Term," SoGo must provide the casino with a written notice of their intent to extend the lease again.

Kinney confirmed the casino does not care for SoGo Live's younger age demographic, which is 23 to 29. He said the casino's main age demographic is 45 to 55.

"They don't feel the younger people mix well with their crowd," Kinney said.

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