Inver Grove Heights is pursuing legal action against A&W Restaurants and the company that owns it in a joint lawsuit with a former franchisee who abruptly closed four Minnesota fast-food restaurants earlier this year.
At a closed session during a recent City Council meeting, the city agreed to join former franchisees Patrick Nickleson and his wife Patricia in arguing that A&W and Yum Brands, which manages A&W and several other fast-food brands, were misleading in revenue projections that they gave.
The A&W off County Road 56 in Inver Grove Heights closed in February. Nickleson and his wife opened the restaurant in the summer of 2009 with the help of a $50,000 loan from the city.
Nickleson was told by Yum that he should expect to make more than $1 million in revenue annually at his Inver Grove Heights location. But in 2010, he made about $650,000.
In granting the loan, "We relied on the same information," City Administrator Joe Lynch said.
Even though what was provided were just predictions since the Inver Grove Heights' A&W was going to feature a new 3-D Drive-In Concept -- meaning it offered drive-in, dine-in and drive-thru service -- the estimates were heavily relied on, Lynch said. "They sold him a concept," he said.
John Holland, the attorney representing the city and Nickleson, said the numbers the company gave had "no basis" plus the company went against state franchising law.
Problems with the Inver Grove Heights restaurant led to the closing of Nickleson's other A&W locations in Little Canada, Pine Island and Coon Rapids.