Coyote Jack's property owners, Cow Art LLC, terminated the nightclub's lease in October. But two months later, the club's owners have yet to vacate the property, and Cow Art continues fighting to regain access to its building after a court hearing was delayed Monday by the club's representatives.
The city, state and property owners moved to permanently close the crime-ridden club following the fatal shooting of 19-year-old Brandon Rogers in early October, the third fatal shooting at or near the club since 2016. And the city's beer board revoked the club's beer permit.
Coyote Jack's representatives have since sued the beer board over the decision to revoke the beer permit. And the city, state and property owners' efforts to close the club have been heavily delayed, with some hearings postponed until May.
Staff photo by C.B. Schmelter / Coyote Jack's is seen on Tuesday, Oct. 8, 2019 in Chattanooga, Tenn.Last week, representatives for Cow Art - a group of Chattanooga investors with restaurant experience - filed a motion in Hamilton County Chancery Court asking Judge Jeffrey Atherton to award them possession of the building and to declare that Cow Art handled the lease termination rightfully.
That hearing took place on Monday.
Coyote Jack's co-owner Ronald "Ronnie" Berke, uncle of city Mayor Andy Berke and a partner at the family's law firm, appeared on behalf of Bankable Holdings - the company that controls the club - and asked for a hearing to be scheduled to argue the eviction but asked for it to be postponed until March because the club's attorney, Russell King, is in Florida.
Ronnie Berke argued that club representatives had a right to request discovery in the matter and to argue the case before the judge.
BREAKDOWN
Cow Art LLC is the company that owns the physical property that houses Coyote Jack’s.Bankable Holdings LLC is the company that owns the business: Coyote Jack’s Saloon.
Cow Art's attorney William Hannah opposed the suggested March date, and the hearing was ultimately set for Jan. 31. Atherton told the attorneys that any request for additional time should be filed "sooner rather than later."
It was only the third time Coyote Jack's representatives have delayed legal hearings in the efforts to have the club shut down permanently.
Back in October, the state moved to permanently revoke the club's liquor license, and the city of Chattanooga asked a judge to declare Coyote Jack's a public nuisance. Hearings for both issues were set for earlier this month. But in both cases, the hearings were postponed. Now, the nuisance abatement hearing is set to take place in May and the hearing to revoke the liquor license is set for February.
As for the club owners' suit seeking reversal of the beer board decision, the city has asked a judge to dismiss it.
Assistant City Attorney Keith Reisman filed the motion to dismiss on Monday, citing technical issues with Coyote Jack's filing.
According to the city's motion, none of the supporting documents in the appeal were sworn before a court clerk, judge or a notary, as required by law, which the city calls "fatal" to the court's ability to hear the case.
"We are confident the judge will rule in favor of the city," Reisman, who represents the beer board, added.
The motion will be considered in court at a hearing in January.
Ronnie Berke did not immediately respond Monday afternoon to a request for comment.
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