Lawsuit: pizza war in Lansdowne

According to a news report from wtop.com, “At the Lansdowne Town Center, two restaurants – Emilio’s Brick Oven Pizza and Not Your Average Joe’s – face each other, separated only by a sidewalk.”

“On any given evening, you can stroll through the town center and observe patrons dining at both places. From the outside, the two appear to be amicable neighbors. On the inside, they’re anything but,” said the story. “Emilio’s has filed a lawsuit in Loudoun County Circuit Court against Not Your Average Joe’s, claiming the restaurant is selling brick-oven pizza, a right that Emilio’s purchased exclusivity to in its contract with retail developer Saul Holdings Limited Partnership. The exclusivity provision says that the “Landlord shall not lease any portion of the Project for use as (i) a restaurant whose principal business is the operation of a table service Italian restaurant or (ii) a restaurant serving brick oven pizza.” The provision also says the “Landlord shall be permitted to enter into a lease with any tenants that serve pizza, but not brick oven pizza.” Therein lies the problem. Not Your Average Joe’s says it does not serve brick-oven pizza.”

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