Biaggi's, whose Salt Lake location is on the northwest corner of 200 South and 400 West, claims that property operator and owner Inland Western Salt Lake City Gateway has violated that pact by renting to Utah-based La Jolla Groves, which opened at The Gateway in November 2012 immediately adjacent to the Biaggi's locale.
Biaggi's, which rents its space for nearly $242,000 a year, contends that by permitting La Jolla Groves to open, Inland has irreparably harmed Biaggi's goodwill and significantly interfered with its sales, revenues and profits.
The menu at La Jolla Groves `"makes it clear'' it is another Italian-themed eatery, the Biaggi's suit claims.
Quoting extensively from the La Jolla Groves web site, the suit notes that its list of dishes features "`traditional Italian cuisine such as tomato and fresh mozzarella caprese, grilled summer tomato bruschetta, chicken marsala, herb polenta, fusilli, ravioli, tortellini, and ltalian sodas, among others.''
The Biaggi's lawsuit is asking the court to declare that Inland is in breach of the lease, allowing the restaurant to terminate the agreement without entitling Inland to any damages as a result.
In addition, Biaggi's is asking for a minimum of $300,000 in damages, with the exact amount to be proven at trial.
Scott Bennett, general manager of The Gateway, said Friday he was unable to comment on the lawsuit since "all leases are confidential."
The Biaggi's chain operates 24 restaurants across 12 states, mostly in the Midwest.
La Jolla Groves runs an eatery in Provo, in addition to the Salt Lake location.