Bismarck Restaurant’s Eviction case Sentโ to Civilโ Court
BISMARCK, N.D. (December 6, 2025) – A โฃdispute between the Huckleberry House restaurant and its landlord, the Fort abraham Lincoln Foundation, willโค continue in civil court after aโ judicial referee resolute the โcase was too complex for standard eviction proceedings. The decision,โข made Friday, allows both parties additional time to resolveโ the rental disagreement.
The Huckleberry House, a Nordic-style restaurant established in 2022โค on the banks of the missouriโฃ River, โfaced potential closure had the referee ruled inโฃ favor of the Foundation. The Foundation claims the restaurantโฃ 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 ownerโข Christopher Tello argues that an โคeight-month state construction project in 2024, utilizing the restaurant’s parking lot, contributed โขto his inability to pay rent. Tello’s attorney, Christina Sambor, stated in court, “The contractโข that contemplates exactly this situation illustrates what their obligations was asโ landlord.” Court documents indicateโค the โFoundation was aware ofโฃ the planned construction approximately two years prior but did โnot inform Tello.
The foundation’s attorney, John Ward, maintained the case was a straightforward eviction forโ unpaid rent, stating, “This is a โขsimpleโฃ eviction, for the recovery of โฃpossessionโค and unpaid rent, โขnothing more.”
Ultimately,โ the judicial referee filed an order for dismissal without prejudice, meaning the case can be re-filedโ and heard in civil court. Hon. Tessa M. Vaagen โexplained the decision,stating,”The evidence that would probably be neededโ to hear something and resolve something fairly,which is critically important in a case like this,cannot be accomplished in halfโค an hour; it probably couldn’t even be accomplished in a fullโฃ day.”
The durationโค 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
