realestate

ASR Real Estate sues over stalled restaurant project by AndyS owners

Ludington: ASR Real Estate, LLC, owner of Dr. Reimer’s downtown restaurant, files 43‑page complaint and jury demand.

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SR Real Estate, LLC, the registered owner of Dr. Andrew Reimer’s downtown Ludington restaurant, filed a 43‑page verified complaint and jury demand against the City of Ludington on Oct. 13 in Mason County Circuit Court (Case No. 25‑290‑CZ). The suit claims the city acted arbitrarily and unlawfully by stopping construction of the company’s new restaurant, AndyS, at 129 W. Ludington Ave., the former site of Michael’s Bar & Grille.

    The complaint accuses the city of “government overreach” and a “bait‑and‑switch” that prevented the multimillion‑dollar project from opening just weeks before completion. ASR purchased the property in 2021 with plans to demolish the existing building and erect a first‑class restaurant and sports bar featuring a golf simulator, live entertainment, a rooftop terrace, and private dining. Under then‑City Manager Mitch Foster, the vision was “embraced by the City and welcomed,” the complaint states.

    Demolition began in April 2022. A site‑plan application was submitted by contractor Tridonn Construction Co. on July 1 2022 and approved by the Planning Commission on Aug. 7 2022. The approved plan called for a curb and gutter 1 ft 10 in. from the building’s masonry columns, roughly matching the former layout. Building permits were issued, and construction started in August 2023. Work proceeded as scheduled until summer 2025, when the city abruptly revoked the site‑plan approval and issued a stop‑work order, citing that the curb could not be placed as approved.

    According to the complaint, the city’s stop‑work order halted final interior work and occupancy. ASR alleges that city officials refused meetings and later attempted to force the company to fund a bike‑lane project between Ludington Ave. and Dowland St., estimated at $100,000–$300,000, as a condition for lifting the order. “The City wants a bike lane … and this was the chance to force ASR to pay for it,” the filing reads. The company claims it is losing more than $90,000 per month while the restaurant remains closed.

    The complaint lists counts for violation of due‑process and equal‑protection rights, arbitrary and capricious administrative action, tortious interference with business expectancy, and abuse of governmental authority. It seeks damages exceeding $25,000, injunctive relief to allow the restaurant to open, and reimbursement for attorney’s fees and court costs.

    City’s stop‑work order, dated Sept. 18 2025, states that the project was “not constructed in accordance with the approved site plan” and that the columns and building encroach too close to the public right‑of‑way along Rath Ave. The order cites concerns that the reduced distance between the curb and building columns could interfere with vehicle traffic flow and public safety, noting that the structure “creates an obstruction in the public space that was not intended by the approved plan.” It also argues that the current configuration does not allow for planned improvements to Rath Ave. and the downtown corridor, referencing future pedestrian and bike‑lane projects. Until resolved, the order prohibits further construction, inspections, or occupancy, directing ASR to “cease all work immediately” and submit a revised site plan for Planning Commission review.

    Engineering findings are included in Exhibit 5 of the lawsuit. A letter from Abonmarche Consultants, Inc., dated early Oct. 2025, reports that the columns and curb were constructed within the approved 2022 site‑plan dimensions and that Rath Ave. maintains a 44‑foot curb‑to‑curb roadway width, meeting Michigan Department of Transportation standards for two travel lanes and two parking lanes. Abonmarche concluded there was “no engineering basis for the assertion that the columns or curb encroach upon the public right‑of‑way or restrict safe use of Rath Ave.” and that “no reconstruction or relocation is warranted from an engineering or safety standpoint.”

    In its filing, ASR requests that the court declare the city’s stop‑work order unlawful and order the City of Ludington to reinstate its construction approvals so the restaurant can open. The company also seeks a permanent injunction preventing further interference with its project, compensatory damages exceeding $25,000, reimbursement for attorney’s fees and court costs, and “such other relief as the court deems just and proper.”

    During the Oct. 13 City Council meeting, City Manager Kaitlyn Aldrich acknowledged receipt of the lawsuit. “Unfortunately, despite efforts on both parties, a lawsuit was received today from the AndyS team to the City of Ludington, so at this time there will be no further public comment on the project until we can figure out our path forward,” Aldrich said. The city had not filed a response as of Tuesday afternoon.

ASR Real Estate files lawsuit over stalled AndyS restaurant project.