WICHITA — In a lawsuit filed last week, a Texas law firm claims Wichita’s Complete Landscaping has failed to pay more than $143,000 that it last month signed a consent agreement to pay.

Loewinsohn Flegle Deary filed the lawsuit in Sedgwick County District Court.

According to the suit, Complete Landscaping hired the firm in 2009 to represent it in another lawsuit, which “was successfully settled in approximately October 2010.”

An exhibit in the current lawsuit shows that Complete Landscaping president Laura McMurray signed a consent agreement on Sept. 9 to pay $143,251.45, which is the balance for the law firm’s services.

The lawsuit says Complete Landscaping also owes $1,574.19 in interest.

McMurray and her in-house legal counsel declined comment.

No one with Loewinsohn Flegle Deary returned a call for comment.

Eustaquio Abay II in a 2008 file photo.

UPDATED — Physician Eustaquio Abay II has filed a lawsuit against Abay Neuroscience Center, the practice he founded in 1986 and renamed in 1996 in honor of his parents.

“Dr. Abay built the practice, but the other members forced him out by reducing his compensation wrongfully,” says Abay’s attorney, Jay Fowler of Foulston Siefkin.

“The practical effect is the other physicians made a lot more money, and Dr. Abay made next to nothing.”

Abay, who filed his lawsuit in Sedgwick County District Court last week, left the practice to start a new one in June.

“We did not force him out of the practice,” says Jeff Spahn, a Martin Pringle attorney representing the remaining partners at Abay Neuroscience Center.

“That was his decision to leave the practice.”

Spahn says Abay was paid what he was owed.

“I don’t know what Jay’s definition of nothing is, but he was paid a significant amount of money, and Jay knows better than that,” Spahn says. “At least I would regard it as a significant amount of money.”

Fowler says the issue relates to Abay’s commitment to public service and charity care.

“Those activities don’t generate money,” Fowler says.

He thinks that’s the problem.

“We think it’s just about money.”

Spahn says Abay agreed to what he was making.

“That’s what we don’t quite understand in the case,” he says.

According to the lawsuit, Abay was to be paid $425,000 in guaranteed compensation, which was half of what other neurosurgeons in the practice were making.

In addition, Abay was to earn more through an incentive bonus compensation formula.

The suit contends Abay’s partners instructed their accountant to disregard the guaranteed compensation.

The result, the suit says, is other doctors made substantially more than $1 million annually while Abay made far less.

Abay is asking for compensatory damages of at least $1.7 million for breach of contract.

He’s also asking for further compensatory damages because he contends his former practice disseminated misleading or false information to patients about where or whether he was still practicing.

Spahn says that as manager of the group, Abay was responsible for ensuring contracts were followed and expenses were paid.

“It’s unfortunate that he decided to file a suit or wants to do this in the media, but we will defend the case.”

WICHITA — One of Wichita’s most established stone companies is the source of a family dispute that’s resulted in a lawsuit.

At issue is ownership of H. J. Born Stone. According to the company’s website, the business has been in the same family since 1949.

Betty Born filed the lawsuit as a trustee of her late husband John Born Jr.’s revocable trust. The suit, filed in Sedgwick County District Court, seeks a temporary and permanent injunction and restraining order against Sharon Born, daughter of H.J. Born and cousin of John Born.

According to the lawsuit, Sharon Born agreed to sell an interest in H.J. Born Stone to John Born in 2010. John Born was then diagnosed with pancreatic cancer and, the suit says, the plaintiffs notified Sharon Born of the illness and assured her that if anything should happen to John Born, his life insurance would guarantee payments of promissory notes to her.

John Born died Sept. 8. The suit says his widow contacted Sharon Born less than two weeks later to offer payment on the notes, but Sharon Born rejected her attempts because she was too busy with her family’s own estate.

According to the suit, on Sept. 21 Sharon Born used her attorney to deliver notice to Betty Born that she demanded the entire balance of the promissory notes and declared default because of John Born’s death.

The lawsuit contends that the first promissory payments weren’t due until Sept. 30 and Oct. 1 and that at no time were Betty or John Born behind in payments or in default.

The suit says Sharon Born “inappropriately seeks a controlling ownership interest” in H.J. Born Stone and a related company, TJ Leasing, and “that she seeks a hostile takeover of both companies.”

Neither side will discuss the case.

“The case involves a small family business,” said Jim Walker, Betty Born’s attorney. “We are confident it will be resolved soon in a mutually satisfactory way.”

Todd Shadid, Sharon Born’s attorney, said in an e-mail, “In light of the statement made by Jim Walker, we have nothing further to add.”

UPDATED — Brad and Brent Steven are now the sole owners of Mike’s Wine Dive.

Earlier this month, Have You Heard? reported that the brothers sued longtime friend and Mike’s co-founder Whitney VinZant and several other people associated with the almost 2-year-old business near Douglas and Oliver.

“We all agree that the restaurant doesn’t work with all these cooks in the kitchen, so to speak, so we need to part ways,” Brad Steven said at the time. “Either he takes full ownership or we take full ownership, and the lawsuit is to figure that out.”

The parties reached an agreement today.

“We’ve resolved it amicably,” says Joe Cassell, the Stevens’ lawyer and stepfather.

There were differences in how the brothers and VinZant wanted to run the College Hill restaurant, and there were disputes over who owned how much of the business.

The brothers have been gone from the restaurant for several weeks but are now back.

“We’re taking over the company,” Cassell says. “One hundred percent of it.”

WICHITA — BRIC Development, the group that owned the former Feist Publications building near K-96 and Webb until December, is suing former tenant Yellowbook.

“It’s just a failure to pay rent,” says Eric Metz, BRIC’s attorney.

Metz says in 2001, Feist signed a lease with BRIC, which built the building for the company. In 2004, Yellowbook acquired Feist and eventually took over the lease.

“Basically, there’s unpaid rent for approximately 16 months,” Metz says.

No one with Yellowbook could immediately be reached for comment.

This isn’t the first time BRIC sued Yellowbook. In 2007, BRIC filed a lawsuit over what it claimed was Yellowbook’s failure to pay almost $200,000 in property taxes, which the group said was holding up refinancing of its loan on the property.

Yellowbook also faced a lawsuit from Feist in 2009 for what Feist claimed was a violation of the purchase agreement that set a five-year period allowing Yellowbook to use the Feist name.

WICHITA — Various entities, all partially owned by Summit Holdings LLC, have filed a lawsuit in Sedgwick County District Court against developer Casey Bachrodt.

Summit’s five shareholders also own Key Construction.

The suit claims Bachrodt mismanaged six properties in which he also was an owner.

“We feel like he didn’t fulfill his fiduciary responsibility,” says John Walker, Summit administrator and member.

Bachrodt didn’t return calls for comment.

The relationship between Bachrodt and Summit goes back at least a decade.

Starting in October, Summit began removing Bachrodt from managing its properties, including two strip centers in Andover, one in Emporia, one in Texas and two office buildings on and near Rock Road in Wichita.

Walker says Bachrodt didn’t market the properties properly or do a good job keeping tenants or being responsive to them.

“It’s been an ongoing problem, and we weren’t able to control it and get all the details we needed until we took (the properties) over,” Walker says.

Builders Inc. now manages the properties, which Walker says “has been a very good move for us.”

UPDATED — The partners in Terradyne Country Club and Terradyne Residential are in a financial dispute that has led to a lawsuit against one another.

CS Ventures, which is Craig and Christy Smith, and Terradyne Residential have filed a lawsuit in Sedgwick County District Court against partners Jerry Slack, Earle Evans and Wichita-based BGS Cos.

“It’s just that some of the partners … have not paid their part of the cash calls,” Craig Smith says. “We’ve been patiently waiting and waiting.”

Evans says he and Slack have paid.

“We feel like we’re not getting full credit on it for what we did,” he says.

Evans says the first he heard of the suit is when a reporter told him about it.

“I’m amazed because I talked to Craig Smith … yesterday. He never said anything,” Evans says.

“That can’t be true because he’s signed receipt of it,” Smith says.

Regardless, Evans says he’s not pleased.

“There probably will be some repercussions on that.”

Meaning a possible countersuit?

“Could be. I don’t know.”

A 10-person partnership formed in 2006 to buy Terradyne out of bankruptcy, and Smith and his lawyer, Harvey Sorensen, say initially it did well.

“They had a positive cash flow excluding capital expenditures,” Sorensen says.

“They invested a lot of money in redeveloping the course and redeveloping the clubhouse and getting the residential development ready to go, and then the world collapsed.”

He says, “There are several people who wanted to ride the elevator up but wanted to get off when it started to go down.”

During the difficult times, Sorensen says the club and residential development’s losses were funded through only about half of the owners.

“We have started a campaign to remind the noncontributing members of their obligations. We expect to be in contact with several prominent members of the community who have not paid their fair share.”

That means another potential lawsuit or lawsuits against the remaining members, Sorensen says.

“We hope that our continuing conversations will bear some fruit,” he says.

Evans says that he’s open to paying more.

“Under certain circumstances, yes.”

He says he’s willing to show he can put more money in so he can prove he’s not been given proper credit.

When asked to explain what that means, Evans says, “It’ll come out later.”

Smith says Evans’ comments are confusing.

“I don’t know what all that means.”

Evans says he’s disappointed the disagreement is now a public matter.

“It’s one of those situations where this doesn’t do any good for our membership or anything along that line,” he says. “They’re kind of cutting their own throats on it.

“It doesn’t help people wanting to join Terradyne.”

Smith says the club is doing well, especially since Irwin Golf Management took over management of operations earlier this year.

“We see much, much benefit by having those guys operate the club,” Smith says. “They’ve been very innovative and very helpful in redirecting some things.”

Sorensen says the lawsuit isn’t a reaction to difficult times at Terradyne.

“The club has never suffered because the people who were behind it put the money in and made sure the club didn’t suffer.”

He says if all the partners pay, they’re welcome to remain partners.

“As long as they pay their share, we’re happy to let them play the game,” Sorensen says. “I don’t think anyone is willing to let them let all their chips ride and never place a bet.”

WICHITA — The owner of Cafe Bel Ami is in a parking dispute with his landlord and the company that manages the O’Rourke Title Building at 229 E. William, where the downtown restaurant is located.

Nabil Bacha filed a lawsuit in Sedgwick County District Court after reserved signs were placed on certain parking spots that he says his customers have a right to use.

Harry Najim, Bacha’s lawyer, says his client has nonexclusive use of the entire parking lot during certain hours and that reserved signs hinder that.

He says customers “don’t want to go in the restaurant and come back and find their car gone.”

Troy Palmer, president of Simon Palmer Properties, says he can’t discuss the dispute much beyond saying that there is one.

“We really hope to have it resolved before Friday,” he says. “We’re still kind of negotiating.”

There’s a temporary restraining order that forced Palmer to remove the reserved signs for now. A hearing is set for Friday.

“I’m telling you that Cafe Bel Ami has been an anchor tenant of the O’Rourke building for 14 years, and this guy comes on board … and is treating Cafe Bel Ami unfairly and denying them access to parking spots,” Najim says. “It’s like the lawsuit says, we have a claim of breach of contract. We don’t think he’s acted in good faith or dealt fairly with Cafe Bel Ami.”

Najim says Palmer is not correct to think the case will be resolved this week.

“Tell him Christmas is coming, too, OK?”

UPDATED — Cafe Bel Ami’s parking situation at the O’Rourke Title Building finally is resolved, although so far no one is sharing details.

Restaurant owner Nabil Bacha filed a lawsuit against his landlord at the building at 229 E. William after reserved signs were placed on certain parking spots that he says his customers have a right to use.

Through an e-mail, Simon Palmer Properties says there’s now “an amicable resolution,” although president Troy Palmer won’t elaborate on it.

Bacha didn’t return calls for comment, but his attorney, Harry Najim, says, “It is a fair and equitable resolution of the lawsuit.”

The Simon Palmer e-mail regarding the resolution says: “The building owners are pleased to have one of Wichita’s Finest Downtown Restaurant as a long-term tenant.”

UPDATED — It’s been more than nine months since TJ’s Burger House owner John Abdayem has been gone from his east-side TJ’s, but customers are still confused about his role there, especially now that the restaurant has closed.

Abdayem wants to be clear about a couple of things. Most importantly, he says, his Delano TJ’s remains open.

The former TJ’s that was on the east side at Harry and Webb recently closed, but it’s been since May that Abdayem was there. The circumstances surrounding his departure are in dispute.

Abdayem says he hadn’t planned on leaving but that his landlord, Homer Morgan, unexpectedly locked him out. Morgan’s attorney, Ed Robinson, says Abdayem broke his lease and left owing Morgan about $32,000.

“What actually happened is entirely different than what he’s describing,” Robinson says.

He says Morgan sued Abdayem in Sedgwick County District Court, and Abdayem has brought a counterclaim.

Abdayem says that until a week ago when it closed, the restaurant continued to operate as Burger House, which he says led some people to think he was still there.

Regardless of the legal situation and its outcome, Abdayem says he continues to get questions from customers and wants everyone to understand the situation and that it’s not related to his Delano restaurant.

WICHITA — Payment for what was supposed to be a joyous wedding in July is now cause for an acrimonious court date instead.

At issue is almost $3,000 that County Commissioner Jim Skelton says one of his daughters paid to the Grand Chapel to reserve wedding space. He says she decided to hold the event elsewhere and now can’t get back the money, some of which he says is from her savings and some of which he says he paid.

“This guy’s an idiot,” says Grand Chapel owner Dennis Wilkie. “He’s trying to wiggle out of this.”

Wilkie says he would have been willing to work with the bride if her father hadn’t been so rude.

“He was trying to use his political office to … try to strong-arm me to give him all his money back,” Wilkie says. “The minute somebody starts trying to bully me, I take a pretty firm position myself.”

Skelton says a small claims court already sided with him but that Wilkie appealed to district court.

“He made some statements that I will look forward to him clarifying in court,” Skelton says.

He calls Wilkie’s comments “pretty weird” and “disappointing,” and Skelton says he particularly takes exception to Wilkie’s claim that he’s abusing his elected office.

“That just sounds crazy and unreasonable,” Skelton says. “I guess if that’s his best defense on this matter, then I look forward to winning twice, which is better than winning once.”

Both men say they’d prefer this battle not to be public.

“I mean, I’m an elected official,” Skelton says. “I’m not looking to jump in and take people to court.”

Wilkie says none of the publicity his business has received in recent years for its financial and other challenges has been helpful.

“Anything you print really kicks me in the butt no matter how kind you’re trying to be,” he says. “I’m just working my tail off to try to get things turned around.”

There is one other thing both men appear to agree on.

“I just feel sorry for his daughter,” Wilkie says, “who’s kind of stuck in the middle.”

“We made a mistake using an out-of-town vendor. Looking back, definitely work with someone local on LEDs.”

– Genesis Health Clubs owner Rodney Steven, who is suing what he calls an unresponsive out-of-state company that he says installed such faulty LED lights that he’s had to revert to the traditional lighting he previously had

WICHITA — Bruce Harris and his A-OK Enterprises have sued Joseph Hollander & Craft, a past attorney for the company, but no one with the law firm is disputing wrongdoing.

“We knew eventually we were going to get real embarrassed about this, and the time has arrived,” says attorney Steve Joseph.

“We screwed up.”

The issue is over lawsuits that the firm filed to collect from A-OK customers who defaulted on payday loans. The suits were supposed to have been filed under a payday loan statute. Instead, Joseph says they were filed under a worthless check statute. The bank commissioner penalized A-OK $20,000 for the mistake.

Harris doesn’t have a comment on the situation.

“It’s understandable how this would happen unless you look at this from hindsight,” Joseph says. “The attorney responsible for it isn’t with us any longer.”

He says attorney Michael Priddle was fired over the incident.

“Under the law, he was our employee at the time, and we’re responsible …,” Joseph says.

When contacted, Priddle said, “This is the first I’ve heard of the lawsuit.”

When told Joseph’s account, Priddle said, “Interesting.”

He declines to talk about it, he said, until he can look into the suit.

“The short version is I probably need to go pull that filing first,” said Priddle, who did not call back.

Joseph says that for insurance reasons, the lawsuit has to proceed. He says the firm will pay a deductible, which is probably about $10,000, and then the insurance company will work out a settlement with A-OK.

WICHITA — Hotel developer Jack DeBoer says he was close to settling the lawsuit his Hotel at Old Town filed against two former employees who left for the Ambassador Hotel, but he says that’s now changed.

“They’ve made an offer to settle, and finally I was ready to do it,” DeBoer says of his former general manager Sheila Cole and former director of sales Amy Grossman, who now have the same positions at the Ambassador.

The lawsuit, which was filed in June, alleges breach of fiduciary duty, the destruction of evidence and the misappropriation of trade secrets, among other things.

DeBoer says Cole has now hired his head of housekeeping, front desk manager and one other employee.

“Sheila to do that, it’s unconscionable,” DeBoer says. “Hell, the lawsuit’s still out there.”

That’s why DeBoer says he changed his mind about settling.

“I said, ‘To hell with it. Let’s leave it out there.’ People don’t think.”

Terry Malone, the attorney who represents Cole and Grossman, says he wasn’t aware DeBoer was ever close to settling.

“As is typical of all lawsuits, there has been some … settlement negotiation and discussion,” he says. “I’ve had no indication that they’re close.”

Malone says he has been dealing with DeBoer’s attorney and not DeBoer, but he says what’s been suggested in negotiations is that everything should remain confidential. He says that’s how he’d like to keep it.

To say much more, he says, “Frankly, I think it would be inappropriate.”

Malone says he’s not sure about other employees Cole may have hired.

Regardless, he says Cole has done nothing “that is wrong or in violation of any law or contract.”

“I do not know why he would be angry,” Malone says of DeBoer. “People change jobs all of the time.”

DeBoer says his employees didn’t want to leave.

“They came to us and said, ‘Look, we can’t say no. It’s a lot of money.’”

He says he’s not mad at his former employees.

“The employees, I love ’em,” he says of present and past workers, even if they now work for the competition.

“If they’ve got more money and a better job, God bless ’em.”

DeBoer says he’s tired of people not playing by the rules, though.

“They better quit playing with me,” he says.

DeBoer says he wishes everyone would do what he or she is supposed to do and nothing more.

“Life is really simple when you do that,” he says.

“But I don’t own the world.”

WICHITA — The owners of the building that is home to Jerseys Grill and Bar have filed a forcible detainer petition seeking eviction against the owner and previous partners in the business.

According to the petition, Mitch Lyon, Kefford Vincent and Jordan Allbright owe more than $77,000 in rent and related charges on the business, which opened in late 2011 in the former Johnny Carino’s space near K-96 and Webb Road.

“Actually, we’ve already got it worked out, and I’m surprised it hasn’t been taken off of there,” says Lyon, who says he’s the sole owner of the business.

He says he fired Vincent two weeks after the business opened and fired Allbright more than a year ago. Neither Vincent nor Allbright could be reached for comment.

There was a hearing regarding the petition on Aug. 14. Lyon didn’t attend.

“I wasn’t aware of that,” he says. “I didn’t know.”

Lyon says the building’s majority owner, Warren Daniel, is a champion of Jerseys.

“Warren . . . has been a hero of ours,” Lyon says. “He voted not to do what these other people did.”

Daniel has Transamerica Equity Corp. in Scottsdale, Ariz., and says that’s the largest owner in the Jerseys building.

Speaking on behalf of himself, and not the large group of other owners, Daniel says he considers the situation almost resolved.

“Basically, we’re trying to negotiate a longer-term lease,” he says. “Everything’s been negotiated and agreed on.”

He thinks the negotiations didn’t happen quickly enough to prevent the petition.

“I guess the time ran out on negotiations, is what triggered that,” Daniel says. “It’s squared away.”

Lyon says he negotiated to reduce his rent from about $10,000 a month to $5,000 a month.

“We just revisit every quarter,” he says.

Lyon says he’s added an outdoor bar and volleyball courts since Jerseys opened.

“The business is doing phenomenal,” he says.

He says he needed the rent slashed because Jerseys had a tough first year and was in the red the entire time.

“Now we’re to a break-even point,” he says. “It’s phenomenal. A lot of hard work.”

The attorney for the owners who filed the petition declined to comment.

Lyon says he thinks the situation will be fine and that Jerseys will be fine.

“I think it’s a good restaurant for Wichita, Kansas.”

Daniel agrees and says he will “look forward to more food, fun and sports.”

WICHITA — The city of Udall has filed a lawsuit against Wichita’s Poe & Associates.

The suit, which is seeking $650,000 in damages, stems from a 2008 contract for work on the city’s new water tower. It was completed in 2009.

“They were unhappy with some of the results that they got,” says Jeff Carmichael, the Wichita attorney representing the city of Udall.

No one with Poe could be reached for comment, but Carmichael says the firm did design work on the tower and was supposed to oversee its construction.

“We believe, based on opinions we’ve received so far, that the work resulted in significantly increased water pressures … causing line breaks around the city of Udall.”

Carmichael says there are other issues and expenses, including ones related to insulation at the tower and the installation of what city officials believe is an unnecessary valve.

“We believe that there’s a number of things that need to be done,” he said.

He says city officials aren’t blaming anyone who did the work.

“No, this is an engineering issue.”

Carmichael says Udall has not been without water service due to the issues.

“They have enough water.”

He says there are “a variety of issues,” though, that aren’t acceptable.

“It’s been an unfortunate situation.”

WICHITA — MoJack Distributors has filed a lawsuit against former president and CEO Nate Gregory due to what the suit says were performance issues.

The company formed in 2007 to produce lifts that make maintenance of riding mowers and equipment easier. The suit says MoJack then expanded its business to hand trucks and moving accessories and created a model that would allow for further expansion.

According to the suit, Gregory was hired shortly after the company formed and initially “acted in the best interest of Plaintiff and its members” as the company grew to have $40 million in business.

MoJack then “lost a major retail customer that significantly affected” business in 2012, the suit says, and around that time Gregory asked permission to invest in CN Cash for Gold.

The suit says Gregory was told that he could if it were a passive investment but that he then began focusing on buying a majority interest in CN Cash for Gold and became an active manager in the company.

The suit further says Gregory inappropriately pledged his membership units in MoJack as collateral for a bank loan to invest in CN Cash for Gold and managed it during his MoJack working hours.

In March, the suit says MoJack’s manager, Dan Drake, discovered how much Gregory had been diverting his time away from MoJack and fired him.

Gregory referred questions to his attorney, Greg Drumright.

“We’re looking forward to presenting our side of things and responding to all of the allegations,” Drumright says. “We need to wait and respond at the appropriate time, and now is not it.”

MoJack attorney Todd Shadid won’t comment either.

“I’m not going to comment beyond what’s in the petition,” he says.

Drumright won’t say what Gregory is doing these days.

“That pertains to some of the allegations,” Drumright says. “It would be inappropriate to comment about that.”

WICHITA — A New York firm has filed a lawsuit against TB Enterprises of Wichita, which does business as the Butler Group, for what it says was improper installation of new roofs on apartment complexes it owns here.

Dermot Co. owns the Village Park apartment communities of Eastborough, Cedarbrooke, Rockborough and Woodgate. Wichita attorney Mitchell Herren says the company hired Butler to do roof work in 2009 and 2010 following hail damage.

“Basically, after the hail damage was fixed, it turned out a lot of the shingles had been falling off,” Herren says. “It appears that they were improperly installed.”

Butler founder and managing partner Adam McCollough didn’t return calls for comment.

“We are not sure yet, but it looks like the Butler might have used some subcontractors,” Herren says.

He says he’s not sure why, but “there was some kind of a communication breakdown there before I got involved.”

Herren says now Butler has a new attorney involved.

“Hopefully, we’ll be able to get some better negotiations going.”

Herren says having Butler make new repairs to the roofs could be an option for his clients.

“They’re open to different options,” he says. “Whatever gets the … roofs fixed the most quickly and the most efficient way.”

“My first place that I am not going to get married at is the Grand Chapel.”

– Sedgwick County Chairman Jim Skelton, whose upcoming marriage to Stacy Luke won’t take place at the facility he sued over his daughter’s wedding

“That’s correct, he’s not.”

– Grand Chapel owner Dennis Wilkie, who says Skelton is “a troublemaker, and I just don’t want to deal with troublemakers.”

UPDATED — Minnesota-based Profinium Inc. has filed suit against Real Development and its principals, Michael Elzufon and Dave Lundberg, to foreclose on a few pieces of property they own here.

“It’s not nearly as icky as it might sound,” Elzufon says.

“Profinium’s great people,” he says. “We have a very long … and very good relationship with this bank.”

At issue are portions of the Petroleum Building at 221 S. Broadway and Broadway Plaza at 105 S. Broadway.

“We owe more than they’re worth,” Lundberg says.

Elzufon says the filing is mainly about one thing for Profinium.

“They need to protect their interests.”

Also, he says, it’s “for us to continue to make our exit out of various assets that we’ve had down there.”

Lundberg says there are liens and a couple of mortgages on the properties.

“In order to clean up the title, they’re going to foreclose on it,” he says. “It’s all worked out, but they filed it anyway. Their attorney jumped the gun a little bit.”

An attorney for Profinium says he can’t talk without his client’s permission, which he says he does not have.

Lundberg says they have some buyers lined up for the properties.

“I don’t know how this became such big news,” he says. “I guess we’re getting used to it.”

Also named in the suit are Petroleum Building LLC, Broadway Plaza I LLC, Broadway Plaza 2 LLC and Pat Ayars of Oxford Development Holdings.

“I have a guarantee on a sliver of debt for the building as do a lot of others,” Ayars says of one of the properties. “It had been my opinion that we had reached an agreement with the bank, but I guess we had not.”

Lundberg says they do have a memorandum of understanding.

“It’s similar to a short sale on (a) house.”

He says they’ll sell the properties, see how much they bring and work out the rest with the bank.

“And everybody goes home happy,” Elzufon says.

“Well, we don’t,” Lundberg says.

Elzufon thinks on that briefly.

“Yeah,” he says, “thank you. Good correction.”