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Magistrate says McKeesport diner can stay

| Thursday, June 20, 2013, 4:41 a.m.

Speedway LLC has little more than a week to appeal a district court decision that allows Di's Kornerstone Diner to remain open.

Speedway, a subsidiary of Marathon Petroleum Co., attempted to evict business owner Diane Elias from property at 2325 Fifth Ave., which the fueling company purchased from Harry R. Stewart on Jan. 16.

Elias said her understanding is that her verbal contract with Stewart was based on a calendar year, while Speedway argued that her lease expired in May.

The dispute was heard by Magisterial District Judge Eugene Riazzi on Monday, and a decision was forwarded to involved parties on Tuesday. Landlord-tenant decisions have a 10-day appeal period to Allegheny County Common Pleas Court's Civil Division.

“The judge did his job,” Elias said during Wednesday's breakfast hours at the diner. “This gives me the time I need. I have to keep the restaurant open to pay for my move.”

Elias plans to relocate Di's Kornerstone Diner to a former Burger King building in Olympia Shopping Center in Versailles. She hopes the new location will be open by October.

Speedway attorney Jeffrey B. Balicki did not return calls seeking comment by presstime.

Jennifer R. Vertullo is a staff writer for Trib Total Media. She can be reached at 412-664-9161 ext. 1956, or jvertullo@tribweb.com.

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