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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 > 16

Monday, November 16, 2009

Wing Wars over: settlement allows Kettering sports bar to reopen

By Mark Fisher | Monday, November 16, 2009, 03:39 PM

The sports-bar brouhaha is over.

An out-of-court settlement today, Nov. 16, allowed All Stars Sports & Wings, 4139 Wilmington Pike, to reopen immediately, according to both sides of a Montgomery County Common Pleas Court civil lawsuit that led to a court-ordered shutdown of the new sports bar.

Last week, settlement talks between All Stars owner Todd Hicks and Theodore Somerset — who purchased another sports bar, 8-Ball & Wings in Trotwood, from Hicks in April 2009 — fizzled after more than two hours of back-and-forth negotiations in and around the chambers of Judge Barbara Gorman, who had issued the temporary restraining order to shut down All Stars. But on Monday, after brief discussions with their attorneys, the sports bar owners reached an agreement that dismisses the lawsuit and allows All Stars to reopen. Hicks said outside of court that he would formally reopen “immediately.”

Terms of the settlement were not disclosed, and both Hicks and his attorney, Cheryl Washington, and Somerset and his attorney, John Ruffolo, declined comment on the agreement. Somerset said he was satisfied with the settlement and said it would have to negative impact on his 8-Ball & Wings sports bar at 4515 Salem Ave.

All Stars Sports & Wings opened Sept. 13 in the building that housed a Grindstone Charley’s restaurant until early 2008. Before opening All Stars, Hicks signed a “non-compete” agreement as part of the sale of 8-Ball & Wings to Somerset in which Hicks agreed he would not become involved with a competing sports bar within a radius of 20 miles of the Trotwood sports bar.

The lawsuit contended that All-Stars 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.

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