Cityscape

Ward Parkway says Thai ice cream shop should have opened months ago. Now it has sued

Freezing Rolls planned to be part of Ward Parkway’s new Restaurant Pavilion — a 31,000-square-foot district on the site of the former Dillard’s department store and parking garage.
Freezing Rolls planned to be part of Ward Parkway’s new Restaurant Pavilion — a 31,000-square-foot district on the site of the former Dillard’s department store and parking garage. jsmith@kcstar.com

Ward Parkway Shopping Center is suing a Thai rolled ice cream company, claiming it owes almost $50,000 in rent payments since April.

But the owners of Freezing Rolls LLC, which never opened in the shopping center, say they paid everything they were supposed to.

The shopping center, owned by WP-SC LLC, says Freezing Rolls signed a lease in September 2017 and took possession of a Ward Parkway space at 8805 State Line Road on Dec. 14 for a scheduled April 13 opening.

The center said the shop never opened and it now owes $49,179.16, including rent payments since April and common area fees. Ward Parkway also is asking for late fees, interest and attorney fees. It also is seeking possession of the space.

Tony Dang, owner of Freezing Rolls, said he didn’t take possession of the space until April. According to the lease, he said, he had four months of free rent after April, while taking the space from an empty shell to a fully functional shop. He was still paying $2,000 a month in common area fees.

“They didn’t cash the August check, and then in September they said I was late,” Dang said. “They can sue me, but free rent is free rent. You can’t say, ‘You are late this month so I am taking everything back and you have to pay all of it.’ ”

Ward Parkway officials declined to comment.

In September 2017, Dang announced plans for four area locations — BluHawk, near 159th Street and Antioch Road in Overland Park; Legends Outlets Kansas City in Kansas City, Kan.; SummitWoods Crossing in Lee’s Summit; and the Northland’s Zona Rosa. He later confirmed a Ward Parkway lease as well.

Dang said the BluHawk, Legends and SummitWoods shops are under construction. The shopping centers confirmed that. He said he has not signed a lease yet for Zona Rosa.

Thai-fried ice cream rolls are made by pouring a milk-based liquid over an extremely cold, steel surface. The base is spread thinly and scraped to create rolls of ice cream. The rolls are then placed in a cup or a waffle cone and topped with extras like whipped cream or hot fudge.

Several operations have opened in the area; Freezing Moo Rolling Ice Cream alone has seven Kansas City area locations.

Freezing Rolls planned to be part of Ward Parkway’s new Restaurant Pavilion — a 31,000-square-foot district on the site of the former Dillard’s department store and parking garage on the south end of the mall. It also includes a 22,235-square-foot pedestrian plaza.

Tenants now open in the Pavilion: Charleston’s Restaurant, Smitty’s Garage Burgers & Beer, Hurts Donut and MidiCi The Neapolitan Pizza Co. Another restaurant is scheduled to open in a two-story space.

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