Lawsuit filed against owner of Britain's Farm eatery

Roy Tyler, who had been leasing Britain's Farm Chuckwagon and Steakhouse, has filed a civil lawsuit against the property owners seeking $2.5 million.

In his suit, filed Nov. 21 in Yuma County Superior Court, Tyler is alleging fraud, breach of contract and assault against Bill and Lois Britain, The Sun learned Monday.

Several calls to the Britains Monday afternoon for comment were not returned by press time.

Tyler closed the restaurant he had been leasing as of Nov. 18, following a disagreement with the Britains that stemmed from a heavy metal concert held at the property Nov. 11.

According to a report filed with the Yuma County Sheriff's Office, Tyler alleged that Lois Britain pointed a gun at him during the argument. However, the Britains contend that Lois only shook her finger at him.

No arrests were made at the scene, and the Yuma County Attorney's Office declined to file charges because of insufficient evidence, Roger Nelson, chief criminal deputy, said last week.

Tyler, acting as a member of Chester Fried AZ, the named lessee, alleges in his lawsuit first that the defendants fraudulently misrepresented the financial success of the restaurant by saying that it could expect to make more than $290,000 a year in net income.

Attorney A. James Clark, who is representing Tyler, said that his client had "accepted the financial information provided by the Britains." But in the two years he has operated the restaurant, Tyler actually has lost money, Clark added.

Second, Tyler alleges in his complaint that the defendants breached the lease agreement by interfering with his "quiet possession, quiet enjoyment and operation of the lease premises."

"Obviously, you can't run a business if the landlord is interfering in it the way the Britains had," Clark said. "There have been other instances when either Mr. or Mrs. Britain had interfered with the business, causing problems with the help and customers."

Third, Tyler alleges in his complaint that Lois Britain assaulted him by pointing a gun at him and "verbally threatening him."

"We will prove there was an assault with a loaded pistol," Clark said.

Tyler is asking that the lease agreement be terminated, that he be paid "not less than $2.5 million" in lost income, a return to him of $150,000 for improvements he made to the property, compensatory damages, punitive damages and legal fees.

Clark said he expects it will take about a year to bring the case to trial.

Joyce Lobeck can be reached at jlobeck@yumasun.com or 539-6853.