Raising Cane’s fights Back Bay eviction over chicken smell, alleges ulterior motive
By Phil Tenser
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BOSTON (WCVB) — Raising Cane’s alleged in a lawsuit that its Back Bay landlord is trying to evict the restaurant over the smell of its chicken fingers and that the move is tied to a dispute over lease rights.
According to the complaint filed last month in Suffolk Superior Court, the restaurant believes the threat of eviction is “an extortionate scheme.” It alleges that 755 Boylston LLC is using complaints about “chicken finger smells” as a pretext to force the company to give up its exclusive right to operate a chicken restaurant at the property.
Raising Cane’s says the landlord has been negotiating with Panda Express to lease neighboring space and has asked Raising Cane’s to waive its exclusive rights. According to the lawsuit, the landlord served a notice of termination and notice to quit in January, alleging “offensive and/or nuisance odors.”
“Incredibly, Defendant has tried to coerce Plaintiff’s consent for a competing chicken restaurant to locate at 755 Boylston Street under threat of eviction on the blatantly pretextual ground that Plaintiff’s chicken finger restaurant, a use explicitly contemplated by the parties and authorized in its lease, smells like chicken fingers,” the lawsuit states.
Raising Cane’s says its lease, signed in March 2021 and later amended, allows it to prepare and sell the fried chicken finger meals for which the chain is known. While the lease requires it to use reasonable efforts to minimize odors, the restaurant said it does not require the elimination of all restaurant smells.
The company says it has spent more than $200,000 on efforts to reduce odors, including inspecting and cleaning its exhaust system, installing charcoal odor-control filters, and sealing vents, according to the complaint. Additionally, the complaint says a consultant found that the second floor of the building, which was converted into office space, drew air up from the restaurant due to negative pressure, contributing to odor concerns.
In its filing, Raising Cane’s denies that it is in breach of the lease and seeks a court declaration that it is not violating the agreement, along with damages for what it calls “unfair and deceptive” business practices.
“We’re Chicken Finger fanatics – litigation is not what we do,” a spokesperson for Raising Cane’s wrote in a statement. “We hate that we’re in this position and haven’t been able to come to terms with our landlord. The Boston Community loves Raising Cane’s and we’re proud to employ hundreds of Crew at our Restaurants across Boston and the surrounding area. We believe this situation can be resolved amicably and will continue working toward resolving the conflict with our landlord so we can focus on what we do best: serving hand-battered, made-to-order Chicken Fingers to millions of Caniacs across Boston.”
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