YOUNGSTOWN St. E's suit against McDonald's moves to U.S. District Court
McDonald's Restaurant ignored a written notice to leave hospital property.
YOUNGSTOWN -- An eviction suit filed by St. Elizabeth Health Center in Youngstown Municipal Court against the McDonald's Restaurant in the hospital has been moved to U.S. District Court, Northern District of Ohio, Eastern Division in Akron.
In its suit filed June 4, St. Elizabeth's claimed that for the past 18 months McDonald's has violated the lease agreement by failing to provide adequate security, as evidenced by numerous armed robberies; to keep the premises safe, neat and clean, and provide good service; to keep the restaurant open each day from 6 a.m. to midnight as required by the lease agreement; and among other things, allowed employees to run on the restaurant's roof.
Restaurant's side: Cleveland lawyer Eli Manos, representing McDonald's Corp., had the suit moved Thursday from municipal court to federal court. He said that the hospital's allegations are without merit and that McDonald's would quickly file an answer to the eviction notice and a hearing would be scheduled. The case is before District Judge Dan Polster.
John Harris, owner of the McDonald's in the hospital, was not available to comment this morning.
In its action, St. Elizabeth's said the owner of the McDonald's did not comply with a written notice, given him May 10, to leave the premises. The hospital is represented by the law firm of Brennan, Manna & amp; Diamond in Akron.