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Servicemember says restaurant was taken by Denver while he was on duty

LEGAL NEWSLINE

Wednesday, December 4, 2024

Servicemember says restaurant was taken by Denver while he was on duty

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DENVER (Legal Newsline) - A servicemember says he lost up to $8 million when the City of Denver shut his restaurant while he was on duty.

Antonio Miller and Penthouse Enterprise, LLC filed a lawsuit June 7 in federal court against the City and County of Denver, alleging that the city unlawfully seized and sold their business assets while Miller was deployed with the U.S. Army. 

The plaintiffs claim that this action violated the Servicemembers Civil Relief Act (SCRA), which is designed to protect service members from such losses during active duty. 

The suit seeks equitable relief and damages ranging from $3 million to $8 million. 

Miller says he was deployed on April 17, 2023, until Oct. 27 and that his Jamaican food restaurant Penthouse in downtown Denver generated net sales of nearly a half-million within one year of operation.

But the city's treasury department seized the restaurant in July 2023 and sold personal property, the suit says, including inventory and equipment. His business was effectively destroyed, he claims.

Issa Israel represents the plaintiff.

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