Bismarck Restaurant’s Eviction case Sent to Civil Court
BISMARCK, N.D. (December 6, 2025) – A dispute between the Huckleberry House restaurant and its landlord, the Fort abraham Lincoln Foundation, will continue in civil court after a judicial referee resolute the case was too complex for standard eviction proceedings. The decision, made Friday, allows both parties additional time to resolve the rental disagreement.
The Huckleberry House, a Nordic-style restaurant established in 2022 on the banks of the missouri River, faced potential closure had the referee ruled in favor of the Foundation. The Foundation claims the restaurant owes over $85,000 in back rent and late fees, alleging Tello has not paid rent for 16 of the last 24 months.
Though, Huckleberry House owner Christopher Tello argues that an eight-month state construction project in 2024, utilizing the restaurant’s parking lot, contributed to his inability to pay rent. Tello’s attorney, Christina Sambor, stated in court, “The contract that contemplates exactly this situation illustrates what their obligations was as landlord.” Court documents indicate the Foundation was aware of the planned construction approximately two years prior but did not inform Tello.
The foundation’s attorney, John Ward, maintained the case was a straightforward eviction for unpaid rent, stating, “This is a simple eviction, for the recovery of possession and unpaid rent, nothing more.”
Ultimately, the judicial referee filed an order for dismissal without prejudice, meaning the case can be re-filed and heard in civil court. Hon. Tessa M. Vaagen explained the decision,stating,”The evidence that would probably be needed to hear something and resolve something fairly,which is critically important in a case like this,cannot be accomplished in half an hour; it probably couldn’t even be accomplished in a full day.”
The duration of the dispute remains uncertain. KFYR has reached out to both legal teams for comment and is awaiting a response.
Link to related KFYR article: Bismarck river restaurant fighting eviction
