TEXCANA, Ark. – Whataburger is facing legal challenges this week in a state court lawsuit seeking to reclaim land for a Party Factory liquor store after the fast-food chain improperly erected concrete pillars at a drive-thru that has served thirsty customers since the 1980s. The company refrained from bidding on the store because it blocked the route. .
Party Factory, which neighbors Whataburger’s property on the Arkansas side of State Line Avenue, sued a neighbor earlier this month after the burger joint installed concrete traffic control poles, known as bollards, on the liquor store’s property. did. Party Factory’s lawsuit alleges that business has suffered because drive-thru customers are unable to circle the building and exit as they have since the early 1980s.
Party Factory said in its complaint that the two businesses operated side by side without competition for years. According to Party Factory’s complaint, a series of land use agreements between the property owners remained unchallenged until this year, when Whataburger renovated the store and repaved and relocated the parking lot.
Party Factory commissioned an expert land survey in July that resulted in Whataburger constructing concrete bollards on Party Factory land, allowing drive-thru customers to exit as normal for more than 40 years. The lawsuit alleges that it was discovered that there was a “prescription easement” for the purpose. .
Earlier this week, Whataburger’s lawyers filed an objection to Party Factory’s notice that it intended to obtain a warrant of possession for the land in question.
Party Factory leases the land from the Oliver Family Trust, and both have been named as plaintiffs in Whataburger’s lawsuit against several different entities.
The case was filed last week in Miller County and assigned to Circuit Court Judge Brent Haltom. Whataburger defendants filed objections to the writ of possession on Monday and Tuesday, but have not yet filed a formal response to Party Factory’s complaint.
