Investor in closed Wiscasset restaurant wants money back

Wed, 06/24/2015 - 8:45am

    A Westport Island man wants back the money he claims he invested in a Gardiner Road, Wiscasset, restaurant in 2013. The restaurant, 27 Pub & Grill, closed a year later, with just $1,100 repaid to him, according to Lloyd Butterfuss’s civil suit filed June 15 in Lincoln County Superior Court in Wiscasset.

    Butterfuss claims he was supposed to get back his initial $13,500 investment, plus 10 percent interest, and 10 percent ownership in the business. He is asking the court to award him $15,659 for the balance and interest; and an unspecified amount in legal and other costs.

    Defendants named in the suit are Avanti LLC of Wiscasset, doing business as the restaurant; Avanti President Mark Buscanera; and Avanti Secretary Gayle Simonetti.

    “Under the ... agreement, Butterfuss loaned the ... funds to the defendants so that the (restaurant) could open,” the complaint states.

    A series of documents the suit claims are Butterfuss’ bank statements are on file with the complaint. One document, with “Transfer to Avanti” written at the top, lists an Oct. 18, 2013 entry for an $11,000 transfer request by Butterfuss; another document listing an Oct. 20, 2014, $101 transfer into the account has a handwritten arrow and note stating, “last received payment.”

    Buscanera responds to the suit in a June 15 court filing. The filing states that Avanti disputes Butterfuss’ breach of contract claim and others.

    “(There) was dialog and written information ... shown to Butterfuss  ... As long as the 27 Pub and Grill was active, he would continue to receive $101.00 per week,” Buscanera writes.

    “Buscanera warned Butterfuss that (the) investment along with the investment of Avanti LLC would be in jeopardy if this amount was paid weekly,” the document continues. “He acknowledged that he understood.”

    Butterfuss’ attorney Timothy Kimpton declined to comment on the case, saying it’s in its early stages and the documents speak for themselves.

    Simonetti deferred all comment on the case to Buscanera. Attempts to reach Buscanera were not immediately successful.

    The restaurant was located at 65 Gardiner Road, where Little Village Bistro is now.