BOSTON — Raising Cane’s is alleging in a lawsuit that its Back Bay landlord is trying to evict the fast-food restaurant over the “smell of chicken fingers,” saying it is a “extortionate scheme” tied to a dispute over leasing rights.
According to the complaint filed in January, 755 Boylston LLC is allegedly complaining about “chicken finger smells” as a pretext to force the company to give up its exclusive right to operate a restaurant at the property.
The complaint further states that 755 Boylston LLC recently converted the second floor into office space and, prior to Raising Cane’s tenancy, had significant floor slab openings into the second-floor space above.
In connection with its lease, the defendant allegedly approved detailed plans for the build-out of the plaintiff’s first-floor space, including its proposed ventilation system. The defendant also agreed that no other restaurant selling deboned chicken would be permitted without the plaintiff’s consent.
Raising Cane’s alleges it has continued to try to minimize the smell, spending more than $200,000 to do so, and that 755 Boylston LLC has been negotiating with Panda Express to lease the space next to Raising Cane’s.
According to the lawsuit, the landlord served a notice of termination and notice to quit in January, alleging “offensive and/or nuisance odors.”
Raising Cane’s is asking for a court declaration that it did not violate its lease. They’re also seeking damages resulting from the defendant’s “unfair and deceptive business practices.”
This is a developing story. Check back for updates as more information becomes available.
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