Yesterday was a sad day in Burgerland.
D.C. Superior Court Judge John M. Mott ruled Tuesday afternoon that the fumes from Rogue States’ burger grills were a nuisance to the nearby law firm Steptoe & Johnson and must be abated immediately. It’s now up to Rogue States owner Raynold Mendizabal and the property landlord, TRT, to resolve the situation.
See photos of Rogue States, A Burger Grilling Company here
In April, Rogue installed a system to cut down on fumes in response to the law firm’s suit. Although an improvement, the nuisance conditions remained and as reported by Tim Carman of the Washington City Paper, the judge explained that “the nuisance is [still] well beyond what is expected from ‘life in an American city.’” The judge offered that venting to the roof would be a way of abatement, but Mendizabal told Washingtonian Magazine that TRT is not open to that idea. Lawyers representing TRT told the judge that TRT would be forced to evict Rogue States under terms of the lease should abatement of the nuisance be ruled necessary.
Steptoe general counsel Thomas Barba, who led the firm's efforts against Rogue States, released the following statement on behalf of the firm:
"Steptoe is gratified by the Court's order. From the time that the restaurant started operations in February of this year, we have sought a solution that would allow the restaurant to continue its operations without harming our employees. Unfortunately, the restaurant and its landlord were unable to agree on a solution that would safeguard the well-being of our employees. Accordingly the court had no option but to order the nuisance abated and the restauarant to turn off its grill. While we wish the defendants could find a way to survive in this location and not cause a nuisance to our employees, we are committed to the health and safety of our workforce and providing our employees with a good environment to work in."
The ruling may be a knockout punch to one of the best in Washington, DC burger circles. USA Today recently named the top burger spot in each state and the District of Columbia - the winner from our nation’s capital was Rogue States. If SRT and Rogue States can’t agree on abatement strategy, there is the possibility of a new location to keep the nationally acclaimed burger afloat, but don’t get your hopes up. Under direct examination by one of Steptoe’s lawyers, Mendizabal indicated that he had signed a lease for a new Rogue States location at 1931 14th St. NW but later told Washingtonian Magazine that he was relying on revenue from the current location to pay for the opening of the 14th and U Street location.
Weigh in. Will you miss Rogue States flame grilled burgers or is another burger king? Comment below!
See pictures of burgers and good times at Rogue States
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Comments
Wow, I am sad to say I have never had a Rouge State burger...hoping they will find a resolution or get the new location so that I can experience one of the city's best burgers.
I haven't had a Rogue States' burger, but the burger photos look wonderful and I like that Rogue States serves a demographic of late night eaters (even though I'm not one). The situation is unfortunate in a number of ways. "Vibrant urban communities" depend on a variety of eateries that cater to a community that dines out frequently. The noise and fumes that make the community vibrant and interesting can detract from the quality of life for the same urban dwellers who like to work where they live and play. It would have great if the licensing and permitting process could have forseen the ventilation concern, but maybe the level of smoke and fumes produced were unanticipated.
Hope this situation somehow works out for everyone, especially those invested in the very difficult restaurant business enterprise.
Great article and thanks for raising the awareness.
BIGGEST BABIES : Steptoe & Johnson,
PAID-OFF JUDGE!!!
Something about that law firm stinks. I hope this is a win the battle and lose the war type thing -- I hope they start losing clients.
WOW! Such "sensitive" barrister NOSES.
Guess all of their LAWSUITS must represent CLIENTS who, naturally, come up smelling SQUEAKY CLEAN!?!!
Seems like they would want the burger joint smell to cover the odor of their self righteous BS.
Couldn't the law firm be just as big of a distraction to the burger joint ... how do they decide who really is being wronged? If I were eating then I wouldn't want a lawyer in sight. The lawyer would give me such a sour stomach that I couldn't eat.
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