The Blind Monk in West Palm Beach: An explainer on the legal battle over this beloved wine bar

Founded a dozen years ago by former U.S. Marine Capt. Ben Lubin, The Blind Monk is a fixture of sorts in downtown West Palm Beach.

Here is a explainer on the legal battle over the wine bar's lease — and future.

Who are the combatants in West Palm Beach's The Blind Monk legal battle?

Although landlord-tenant disputes are common, the players in this money feud are not.

Lubin is the son of Lois Frankel, the Democratic U.S. congresswoman and former West Palm Beach mayor. His father is Richard Lubin, a high-profile criminal defense attorney.

Court records show both Frankel and the elder Lubin have become enmeshed in The Blind Monk's legal woes because both promised to give their son money to help him buy the space.

Subscribers only - Blind Monk wins reprieve from eviction: What's next?

Subscribers only - Whither Blind Monk?: Beloved West Palm Beach wine bar could face eviction

For subscribers only - Ritz-Carlton residences: What it could mean for West Palm Beach

For subscribers only - Downtown West Palm Beach: Developer's plan for downtown West Palm Beach looking like Miami's funky Brickell Avenue

Meanwhile, the owner of The Blind Monk space is Palm Beach resident Jeff Greene, the billionaire real estate investor who once was a Democratic candidate for Florida governor and the U.S. Senate.

These days, Greene, worth more than $3 billion, is building or planning apartments, offices and a hotel on land he owns throughout West Palm Beach. Greene also is working to bring University of Florida graduate programs in finance and technology to property he owns on the western edge of the downtown.

What is the legal battle all about in downtown West Palm?

The Blind Monk is facing eviction from its ground-floor location in The Whitney condominium at 410 Evernia St., two blocks from Clematis Street, the center of the city's dining and entertainment district.

Late last month, The Blind Monk filed a lawsuit against 410 Evernia Street Partners LLC, the Greene entity that owns The Blind Monk space.

The lawsuit was filed in an attempt to block the eviction.

"The stakes are everything for me," Lubin said. "It's my life, my employees' lives, and the business I've built for 12 years."

Want more West Palm Beach news?

Sign up for our Post on West Palm Beach weekly newsletter, delivered every Thursday!

Lubin said he wanted a downtown West Palm Beach space that combined wine and a sense of community. The cozy yet upscale wine bar, in a commercial space in The Whitney condominium, soon found a following among locals and visitors.

"The Blind Monk elevates this building," said Maribel Alvarez, a resident of The Whitney. "It's our local neighborhood gathering spot, but it also attracts people from Palm Beach."

Why is the Blind Monk's lease in question?

Lubin said when he crafted his commercial condominium lease with former Whitney landlord, USO Norge Whitney LLC, he made sure to plan for the future. The lease included Lubin's right-of-first refusal to purchase the space, and 30 days to decide in the event another offer was made on the property.

But Lubin said he never got the opportunity to buy his space. In 2016, USO Norge Whitney sent him an email disclosing the property's pending sale.

Did owner of the Blind Monk wine bar have a right to buy?

In a 2018 lawsuit filed against USO Norge Whitney, Lubin said the property's former landlord violated the terms of his lease by notproviding him the sale terms or giving him the chance to buy.

Lubin's Palm Beach County Circuit Court complaint said USO Norge Whitney instead inked a deal with Greene.

The $24.7 million sale to Greene's 410 Evernia Street Partners involved the bulk sale of 129 residential units and 10 commercial units, including The Blind Monk space.

While the litigation against USO Norge Whitney was pending, The Blind Monk's lease ended in July 2020. That same month, however, The Blind Monk and 410 Evernia Street Partners signed a lease extension.

Where does the litigation over The Blind Monk stand now?

The Blind Monk could stay in the space on a month-to-month basis while the lawsuit with USO Norge Whitney was ongoing, but the lease could be terminated by either party with a 60-day notice, according to court records.

In January, after nearly four years of litigation, Palm Beach County Circuit Court Judge Richard Oftedal tossed two of The Blind Monk's claims against USO Norge Whitney.

These claims would have rescinded the commercial condo's sale to Greene.

Oftedal ruled that The Blind Monk didn't prove it was "ready, willing and able" to buy The Blind Monk space. Instead, The Blind Monk's owner offered written money promises from his parents, Frankel and Lubin.

The offers, "made by a parent to a son out of love and affection," contained no provisions of a legally enforceable contract or commitment, Oftedal's order said. In fact, Frankel called the notion of her son repaying her "ridiculous," according to a deposition cited by Oftedal.

Lubin has appealed Oftedal's ruling.

Oftedal did allow a breach of contract claim against USO Norge Whitney to continue, which means the lawsuit still is ongoing.

In March, two months after Oftedal's order, Greene's 410 Evernia Partners notified The Blind Month it planned to evict the restaurant in 60 days.

What does developer Jeff Greene say about Blind Monk fight?

In an interview, Greene said he did not know about The Blind Monk's right-of-first refusal when he bought the unsold Whitney units in bulk. His claim is backed up by a recent ruling by Oftedal.

As for The Blind Monk, Greene said the restaurant's lease has expired.

For years, Greene has been frustrated by the tepid demand for rental properties in the city. But with the pandemic prompting a wave of new residents and businesses moving into the city, rising rents are a boon for landlords.

Greene said The Blind Month's month-to-month rent is a "crazy low amount," half of what the space should be fetching.

Jack Scarola, an attorney for Lubin, maintained The Blind Monk has a valid lease because the litigation with USO Norge Whitney is ongoing.

"I don't know that Jeff wants to evict," Scarola said. "I think he would much prefer to have The Blind Monk remain there, and pay him more money."

Alexandra Clough is a business writer at the Palm Beach Post, part of the USA TODAY Florida Network. You can reach her at [email protected]. Twitter: @acloughpbp. Help support our journalism. Subscribe today.

This article originally appeared on Palm Beach Post: West Palm Beach's wine bar: The Blind Monk's legal battle explained