The 2019 construction of a Captain D’s restaurant on Midland Trail never opened, but has sat empty for years and is the fodder of many Facebook jokes.
The 2,000-square-foot store and the 1.46-acre property it sits on will be sold by the master commissioner of Shelby County Circuit Court by public auction March 2 after an order from a civil lawsuit judgement on Jan. 17.
The sale will be at 10 a.m., March 2, Shelby County Judicial Center, 401 Main St., Shelbyville.
The order states that an auction must be done within 90 days.
Civil suit
A civil lawsuit was filed by Embree Capital Markets Group Inc., the mortgage owner, against CD-1709 Midland Trail Shelbyville KY LLC, claiming breach of a promissory note. Embree is a Texas-based national real estate investment advisory firm that specializes in single-tenant net leased assets.
According to court documents, Embree is due thousands in claims, attorney fees and interest.
The Embree suit is against CD-1709 and also an individual, Shreyas Patel, although it isn’t clear at this time how Patel is connected to the project.
Embree asked the commissioner to sell the property to recoup losses.