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Conn. Supreme Court considers whether pandemic restrictions affect restaurant lease

 The justices of the Connecticut Supreme Court take their seats before arguments on November 16, 2021.
Still image from video feed by CT-N.
The justices of the Connecticut Supreme Court take their seats before arguments on Nov. 16, 2021.

The Connecticut Supreme Court on Tuesday heard oral arguments in a Norwalk case that will address whether the tenant or the landlord takes on the financial risk when unprecedented pandemic executive orders limit a restaurant’s cash flow.

The landlord, AGW SoNo Partners LLC, claims it is owed $200,308.76 in damages for unpaid lease payments from March 2020 through December 2020.

That stretch covers a period of executive orders that limited indoor dining during the coronavirus crisis. Philip Russell, who represents restaurant owner Downtown Soho LLC, said his client’s lease called for regularly serving about 140 guests at up to $200 a head. But when Gov. Ned Lamont’s public health restrictions took effect, Russell said his client could serve only eight tables or offer takeout. The restaurant couldn’t hit its pre-COVID targets.

“In this case, we had a contractual obligation to operate a high-end restaurant, quoting from the contract, and for no other purpose," Russell said.

Andrew Nevas, an attorney for the landlord, said nothing in the lease promised that his client would cover losses under an act of God like a global pandemic. He cited three similar pandemic lease disputes in New York and New Jersey, where judges have told tenants they still owe rent.

Cassandra Basler oversees Connecticut Public’s flagship daily news programs, Morning Edition and All Things Considered. She’s also an editor of the station’s limited series podcast, 'In Absentia' and producer of the five-part podcast Unforgotten: Connecticut’s Hidden History of Slavery.

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SOMOS CONNECTICUT es una iniciativa de Connecticut Public, la emisora local de NPR y PBS del estado, que busca elevar nuestras historias latinas y expandir programación que alza y informa nuestras comunidades latinas locales. Visita CTPublic.org/latino para más reportajes y recursos. Para noticias, suscríbase a nuestro boletín informativo en ctpublic.org/newsletters.

The independent journalism and non-commercial programming you rely on every day is in danger.

If you’re reading this, you believe in trusted journalism and in learning without paywalls. You value access to educational content kids love and enriching cultural programming.

Now all of that is at risk.

Federal funding for public media is under threat and if it goes, the impact to our communities will be devastating.

Together, we can defend it. It’s time to protect what matters.

Your voice has protected public media before. Now, it’s needed again. Learn how you can protect the news and programming you depend on.

Connecticut Public’s journalism is made possible, in part by funding from Jeffrey Hoffman and Robert Jaeger.