In July, Have You Heard? reported that days after learning that a magazine named her Kansas City Cocoa Dolce Artisan Chocolates the best new chocolate in the city, Beth Tully closed that shop due to slow sales.
Now, Commerce Bank has filed a lawsuit against Tully, her husband, Jay, and their Wichita and Kansas City stores seeking a principal sum of $272,336.88 plus expenses and fees on enforcement of a debt.
“I really can’t comment on the lawsuit other than to say it is a part of the ongoing consequences of the closure of the Overland park store,” Beth Tully said in an e-mail.
She said nothing is changing with the Wichita store at Bradley Fair, which she previously said does twice the business that her Kansas City store did.
“Bradley Fair will be maintaining normal business hours. Our focus will continue to be on serving our great customers. But in order to facilitate the ongoing process, that is all that I am free to share at this time.”
A spokeswoman for the bank says it doesn’t comment on litigation.
Tully opened her Overland Park store in the Prairiefire development on West 135th Street between Nall and Lamar avenues in May 2014.
In July, Tully said the store possibly was ahead of its time because the center isn’t complete and its next phase is behind schedule.
She said she also wondered whether cooperative marketing at the center is working and said tenants have been struggling.
Tully said she had considered more established retail centers in the Kansas City area, but there weren’t openings where she wanted to be.
“Hindsight’s 20-20,” she said. “I’m kicking myself right now.”