MUSKEGON, Mich. — A Muskegon catering company is allowed to continue using space inside a local distillery after a judge granted its request for a preliminary injunction.
Muskegon County Circuit Court Judge Matthew R. Kacel issued a ruling on Wednesday allowing Kaja Thornton, the businesswoman behind Kaja's Flavor Packets and The "US" Cafe, to continue using the kitchen at Burl & Sprig for her catering business while her lawsuit works its way through court.
The preliminary injunction comes after Thornton filed a lawsuit against West Michigan Rum Company, Burl & Sprig's parent company, regarding a partnership between the two.
Thornton and Burl & Sprig distillery in downtown Muskegon entered into a business agreement on November 30, 2022, in which her catering company, Cuisine by US, would provide food for their patrons.
Thornton was given a kitchen area for her staff and equipment inside their building, paying $7,000 a month to utilize the space.
Burl & Sprig is a craft cocktail bar— Cuisine by US would handle the food side of things.
The agreement seemed to be fruitful until early April when Thornton posted on Facebook saying, "We regret to inform you that our downtown location will be closed today due to unforeseen circumstances out of our control. If you called and were told that we didn't 'show up,' please disregard that."
"We would never not just 'show up' nor neglect our responsibility to serve you, our valued customers."
According to emails contained within court documents filed earlier this month, the owner of Burl & Sprig officially terminated their agreement with Thornton on April 4.
The court documents state Burl & Sprig's locks were changed on April 4.
Thornton says she still has not been able to collect their equipment inside, nor their perishable inventory of food.
Thornton filed a request in Muskegon Circuit Court asking the court to issue an order regarding their items still inside the building and seeking damages due to lost income.
A legal response filed by attorneys for Burl and Sprig said that their business "began to experience numerous problems, including KF's (Kaja) staff taking tips earned by West Michigan Rum (Burl & Sprig's parent company), mistreatment of staff and guests, numerous health code violations, a failure to pay a security deposit and rent in addition to causing a risk of fire."
Thornton denies those allegations.
Wednesday, a judge granted Thornton’s request for a preliminary injunction, restraining Burl & Sprig from preventing Thornton from accessing the premises listed in the agreement signed between the two parties last year. The judge also ordered Burl & Sprig to return any equipment or other property that was in the kitchen prior to April 4.
The judge did prohibit Thornton and her employees from taking any tips from customers who enter or dine at Burl & Sprig.
