UPDATED: Lease dispute over Columbia Falls Community Market results in lawsuit

Updated 5:10 p.m.

The Columbia Falls Community Market and O’Brien Byrd are at odds, and the market’s lease on his property at O’Brien’s Liquor and Wine has been canceled, according to documents filed in Flathead County District Court in recent days.

The market filed suit against O’Brien Byrd, Three Byrd’s Properties and North Fork Intuition on May 26, claiming the Byrd and his partners broke the five-year lease the market renewed in April 2022 for use of the property.

The nonprofit market has leased the property for the past eight years.

The market, which is held every Thursday night from 5 to 8 p.m. is required to pay $350 rent per market, plus other expenses, like utilities and a cleaning fee.

Byrd, in turn, accused the market of breaking the lease agreement, alleging that the nonprofit didn’t pay $350 in rent for its May 18 market. Byrd also claimed the market tried to serve liquor on the premises May 18 “in a manner that violated federal, state or local regulations,” which also constituted a violation of the lease.

In addition, Byrd claimed that the market, through its agent, Melissa Ellis, “has made false and defamatory statements regarding NFI and its member, O’Brien Byrd” on social media and elsewhere.

Byrd issued a statement to the Hungry Horse News on Thursday night.

“We would like you to know that the Columbia Falls Community Market’s leadership was aware a week ago that the market could not happen tonight. After months of heartfelt negotiation, we unhappily, but formally, canceled the market’s lease last Thursday – seven days ago. There was no reason for the last minute drama that occurred today.

“I discovered yesterday that the market has sued me personally and my businesses. The market never had the exclusive right to use the Coop on market nights. Market leadership also refused to work with the vendor in the Coop who operates the liquor license. Besides failing to timely make rent payments required by the lease, market leadership took actions that, if allowed to continue, would violate and potentially compromise the liquor licenses operating at our place of business. Some of the statements made by market leadership on social media were also inaccurate or incomplete, and, I believe, were intended to damage me and my businesses,” he said.

But the market alleged Byrd and his partners have committed fraud against the nonprofit.

According to the market’s complaint, on Nov. 30, 2022, North Fork Intuition, a company that Byrd is part of, filed a boundary line adjustment that removed “the Coop building and its paved lot from the market’s leasehold property and attached it to the the property abutting it to the north” at 118 Eighth St. W.

Byrd and partners then leased it to a Johnathan D. Shockey, according to court documents. Since then, the Coop has advertised live concerts at the Coop through the summer, including on market night.

The market alleges Byrd then tried to get the nonprofit to sign an amended lease without the Coop property included in April of this year.

The market refused.

A fence has also gone up around the Coop.

The market has filed for a temporary restraining order, asking the court to enforce the lease while the case is ongoing. On Friday, Flathead County District Court Judge Robert Allison issued a temporary restraining order and preliminary injunction against Byrd, Three Byrds Properties and North Fork Intuition, upholding the market's lease.

The injunction allows the market to continue to use the property, at least for this week.

A hearing on the injunction is scheduled for 11 a.m., June 19 in front of Allison. The hearing allows both sides to state their case as to why the restraining order should, or should not, not remain in place.

The market plans on returning this week to the Byrd property, but is actively pursuing a different permanent location, Ellis said Monday.

The market is asking for a jury trial and is seeking monetary damages in the case.