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Mark Fisher writes about restaurants, food and wine for the Dayton Daily News. If you have a news tip about a local restaurant, email Mark or call (937) 225-2258.

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Home > Blogs > Taste: Dayton food and restaurants > Archives > 2009 > November > 05 > Entry

Judge extends order shutting down Kettering sports bar

By Mark Fisher | Thursday, November 5, 2009, 06:10 PM

A judge has extended her order shutting down All Stars Sports & Wings in Kettering for at least another week.

A hearing on Thursday, Nov. 5, to determine whether Montgomery County Common Pleas Judge Barbara Gorman would grant a preliminary injunction shutting down the sports bar did not wrap up as expected. Gorman will hear additional testimony Tuesday, Nov. 10 and promised a decision by Thursday, Nov. 12 that will determine whether All-Stars can reopen or must remain closed as a civil lawsuit against the sports bar and its owner, Todd Hicks of Beavercreek, moves forward. In the meantime, however, Gorman extended the temporary restraining order that All-Stars must close.

All Stars Sports & Wings opened Sept. 13 in the 4139 Wilmington Pike building that housed a Grindstone Charley’s restaurant until early 2008. The lawsuit against the sports bar and its owner was filed by 8-Ball & Wings, 4515 Salem Ave., Trotwood, and its owner Theodore Somerset, who purchased the sports bar from Hicks in April 2009.

Hicks signed a “non-compete” agreement as part of the sale in which Hicks agreed he would not become involved with a competing sports bar within a radius of 20 miles of the sports bar on Salem Avenue. The lawsuit contends that All-Sports “lies within 20 miles” of 8-Ball & Wings, and that the Trotwood sports bar has suffered a loss of revenue from “the diversion of customers from plaintiff’s business to defendant’s business” and by confusion over the 8-Ball & Wings trademark.

Hicks testified Thursday that his new business is very different from his former one — more of a family restaurant rather than a bar. Somerset testified that the businesses are similar and have a similar menu focus on chicken wings

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