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News You Can Actually Use, Actually

Leon Batie Went to War. It Wasn't Till He Returned to Dallas That His Dreams Were "Destroyed."

By Robert Wilonsky, Friday, Apr. 4 2008 @ 5:00PM
Comments (7)
Categories: News You Can Actually Use, Actually
Leon Batie left Dallas to fight in Afghanistan. When he came back, he had to fight for his reputation.

Leon Batie was, for a while, among the sole successes heralded by the South Dallas/Fair Park Trust Fund: With a low-interest $50,000 loan, Batie opened in 2002 a Subway franchise in the heart of the Fair Park neighborhood, on Grand Avenue and Meadow Street, that became so successful he eventually opened a second location on Gaston Avenue and received $25,000 more for a third spot. Whenever critics started damning the embattled trust fund for losing a small fortune in taxpayers' dough, fund administrators and board members always pointed to Batie as The Reason the Fund Exists -- as someone willing to set up shop in a neighborhood more dead than alive.

But two years ago, Batie's Subways were gone -- and the fund's administrator didn't even know till Unfair Park told him. Turned out Batie's brother Chris and another franchisee named Travis Brown, who were charged with maintaining the stores till Leon's return, made scattered rent payments. Indeed, Subway was likely owed only a few thousand dollars in back payments when the company moved to evict Batie, who was spending "a year in Afghanistan living in a mud hut with limited electricity," says Franchise Times magazine, which this month chronicles Subway's efforts to foreclose on the soldier who tried like hell to plant something worth a damn in the Fair Park area.

"When I came home," Batie tells the magazine, "all my hopes and dreams were destroyed."

Batie, who's in a predicament familiar to other servicemen and women called up while trying to maintain small businesses, has spent the better part of the year trying to repair the damage: In August 2007, he filed in U.S. District Court a federal suit against Subway Real Estate Corporation and Travis Brown, claiming Subway made no effort to contact him about a failure to pay rent or its intentions of foreclosing on the property.

Indeed, he says that in February 2006, Subway started lease termination proceedings and had the Dallas County Justice of the Peace evict Batie from the premises -- even though he was in Afghanistan, as part of Operation Enduring Freedom. You can read the complaint in its entirety here.

Batie also wants to go after Brown for breach of contract, as he failed "to notify Leon Batie about the operation and financial problems affecting the Grand Avenue and Gaston Restaurants." And for putting him in that spot in the first place. Alas, the suit was dismissed by U.S. District Judge Barbara Lynn, who ruled that Batie had filed in the wrong jurisdiction.

Batie, who received a bronze star for his service in Afghanistan, was not done fighting: Last month, Lynn actually changed her mind, allowing that Batie actually has a legit claim under the Servicemembers Civil Relief Act, which provides "protection of servicemembers against default judgments," amongst other things.

Subway Real Estate Corporation filed another motion to dismiss on Wednesday, and the case has been moved to U.S. Magistrate Judge Irma Ramirez's court. Batie's Richardson-based attorney, Cheryl Mullin, will file her response to Subway's motion by the end of next week. Then Subway has 15 more days to reply, after which Ramirez will rule on whether or not the suit will move forward.

Batie's is not in Dallas, and it's unlikely he will ever return. At the moment, he's stationed at Scott Air Force Base in Illinois, where he is pursuing his PhD in computer science. He decided to go on active duty, full time, once the shops were shuttered by Subway.

"One of the problems he faces is he can't get the necessary security clearances if he has bad credit," Mullin tells Unfair Park. "One of the points of the suit is to clear up his credit so he can advance in the military."

But it's much more than that. Because, see, just a few years ago, Leon Batie was a success story -- a hero, really, in a neighborhood that's all but begged national chains to set up shop. But he "was really destroyed over this, personally," says Amanda Scoggins, a paralegal in Mullin's office. "It rocked his personal life and his world. He had to start from zero when he returned from Afghanistan."

Says Mullin: "He wants to repair his credibility. When he left Dallas, he had a lot of respect from his peers. But after he returned, people now think he's a deadbeat -- and he was just out serving his country." --Robert Wilonsky

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More About:

  • Leon Batie
  • Cheryl Mullin
  • Travis Brown
  • Irma Ramirez
  • Barbara Lynn

Comments (7)

ChrisU says:

He's served his country and his community.
I won't patronize Subway.

Posted On: Friday, Apr. 4 2008 @ 5:28PM
LeeDog says:

Best of luck to him and shame on the "leaders" of South Dallas for not helping "one of their own." Is there hope for South Dallas?

Posted On: Friday, Apr. 4 2008 @ 7:02PM
Rawlins Reality Realty says:

In South Dallas, talk is cheap but gas is expensive.

If indeed in the so-called 'black community' and South Dallas business community there is any rubber-meets-the-road sense of helping their own, this would be a heart-warming story rather than a stomache turning saga.

Posted On: Friday, Apr. 4 2008 @ 9:16PM
Randy says:

While I respect Mr. Batie's service to our country, I think this brave soldier needs to give his brother a swift kick in the ass.

Posted On: Friday, Apr. 4 2008 @ 10:36PM
MONEYGRRRL says:

HeY! It sounds like he set himself up to fail. He left the care of the stores in his "Brothers" hands and this "Travis Brown" character...Stupid is as Stupid does.

He had other choices... choose a reliable management company that's under contract next time in stead of squealing oh it's unfair I'm black and stupid hold my hand, wa wa wa....fix my problem...

Soldiers follow orders entrepreneurs give them.

Big difference there Gomer!

Posted On: Saturday, Apr. 5 2008 @ 2:18AM
Doug DeLoach says:

I agree with Moneygrrrl, in at least one respect. I was the owner of a small restaurant with multiple locations, and there is NO WAY one can own an establishment like a small food service business without being hands on. When I say hands on, I mean you are there just about every second that the places are open( excluding bank drops, emergency maintenance at other locations etc.) Even then you are very rarely NOT doing something directly related to the running the location(s). It is not something you can do as an "absent owner", short of hiring a management company, but then there will be very little profit, thus no practical reason to take on such a heady endeavor in the first place. That is the reason for "franchise" locations in the first place! I wish him luck, and thank him for his service, but the dream of owning a restaurant is often MUCH harder and more life consuming than anyone could imagine.

Posted On: Saturday, Apr. 5 2008 @ 9:36AM
Outraged Veteran/FORMER customer of Subway says:

To MONKEYGRRRRL
STUFF IT and don't disrespect the men and women who are putting their lives on the line for your security and right to shoot your racist mouth off...yakyakyak

This man didn't have the time to contract management and the GREEDY BA$TARDs at Subway saw an opportunity to screw him out of his business, taking it for a song and selling it at a HUGE profit, clearly trampling his legal rights in the process.

Damages should and will be severe since there are laws to protect servicemen and women against such travesties. He will have the last laugh.

Sadly your attitude clearly sides with the greedy people that did this in the first place.

Posted On: Tuesday, Oct. 27 2009 @ 7:26PM

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