Closed Rochester Restaurant’s Suit Against City & DMC Dismissed
Rochester, MN (KROC-AM News) - An Olmsted County judge has sided with the City of Rochester and the Destination Medical Center Corporation in a legal fight with a now-closed downtown business.
The judge has dismissed a lawsuit that was filed last fall by the owner of the Jerk King Restaurant, which had operated in the Peace Plaza until it was forced to close due to the COVID-19 pandemic. The lawsuit alleged the restaurant was unable to successfully reopen because of the construction that was taking place in the Peace Plaza area when Gov. Tim Walz finally lifted the emergency order that had prohibited in-person dining as part of the state’s response to the pandemic.
Specifically, the owner of Jerk King alleged that "contractors hired by the City placed fences and barricades of the sidewalk adjacent to its restaurant, preventing the public from entering the restaurant. It further contends that contractors hired by the City placed cardboard over the restaurant's windows at various times," which it argued created the impression the business was permanently closed.
The lawsuit, which sought in excess of $50,000 in damages, listed four individual claims and all of them were rejected by the court. The judge also dismissed the entire case with prejudice, which means the restaurant owner cannot file a new lawsuit using the same claims. The order for judgment in the case was filed in Olmsted County Court on June 1.