Short’s Burger and Shine in downtown Iowa City will remain open pending the outcome of an appeal from a lawsuit brought on by the restaurant’s landlord MidWestOne Bank.

According to court filings, Short’s was ordered to vacate the premises of its restaurant at 18 S. Clinton St. by Feb. 10 after an order of judgment was filed on Jan. 31. The lawsuit alleged Short’s did not give MidWestOne Bank enough notice to renew the restaurant’s lease which ended in April 2023.

The restaurant appealed the decision on Feb. 7, which will allow Short’s to stay at the property until the decision is determined. The bond to appeal was set at $4,147 according to Jan. 31 court filings.

In the filing for the appeal, Short’s claims the court did not find burden of proof, findings of fact, and application of facts, among others.

Short’s has been engaged in legal battles with MidWestOne Bank since 2022. The latest lawsuit in May 2023 is one of three lawsuits against Short’s from MidWestOne Bank. The other two lawsuits against Short’s were dismissed in April and March 2023.

Short’s countersued MidWestOne Bank in March 2023 on claims the bank was not completing necessary repairs on the property that were required in the lease agreement. This lawsuit is still ongoing.

According to a press release by Shearer Law Office, the lawyer in the case Shawn Shearer is quoted as “being pleased” that Short’s will remain open while the appeal goes through District Court.

“My whole family and my employees are really grateful for the chance to be heard and the amount of public support we have received over the past week,” Kevin Perez, co-owner of Short’s Burger and Shine, said. “Thank you to everyone who has voiced support for this business and for saving H.D. Short’s building.”

Perez spoke at the most recent meeting of Iowa City’s Ad Hoc Truth and Reconciliation Commission asking to put the protection of the property on the commission’s agenda due to the building’s history of Black ownership.

The property was previously owned by third-generation African American business owner Haywood Belle. Belle died in 2016, leaving the building to a trust operated by MidWestOne Bank.

No date in court has been set for the appeal at the time of this article’s publication.