Tim's Rivershore Restaurant and Crabhouse will remain open through at least May 7, the first court date in owner Tim Bauckman's fight to extend his lease on the Potomac River.
A "plea in bar" is scheduled for May 7 in Prince William County Circuit Court. A plea in bar is a defendant's legal answer that a lawsuit against them has no merit.
In February, Bauckman was notified by the property manager for the Potomac Shores development outside Dumfries they were not renewing his lease. Tim's has been an institution on the Cherry Hill peninsula for 28 years.
In March, Bauckman filed a court complaint for “entry of declaratory judgement” detailing his lease of the property to 2010. It points to a 2013 lease provision with landlord CHR Properties of Delaware allowing Bauckman to twice extend his lease for one year.
Bauckman notified CHR that he was exercising his option to extend the lease for two years, the complaint states. But CHR had already sent a notice of default on the rent and a notice to vacate.
“Rivershore was not in default at the time of the February 19, 2021 letter from counsel for CHR,” the complaint states. “Rivershore has properly executed its option to extend the lease by two years.”
In a Facebook Live video Monday, Bauckman said Tim's will be staying open through the first court date on May 7.
"We should be able to hang until then and see how it goes at that point," he said in the video. "For right now, I think we have a little bit of time."
Bauckman and his lawyer Milton Johns could not immediately be reached for comment Monday night.