There was a petition on the Sedgwick County District Court docket Wednesday to evict the Eaton Steakhouse from Eaton Place, but nothing has been resolved yet.
Restaurant owners Steve and Stephanie Compton have requested a hearing.
"They're entitled to their hearing," says Mike Roach, the attorney for MDI Partnership #72, which owns Eaton Place.
Trial is set for Aug. 6 at 9 a.m.
MDI filed a petition for eviction and a lawsuit last week to recover more than $50,000 in back rent from the Comptons.
"The Eaton Place has no choice in what they're doing, that's clear," Roach says.
"The amount that's past due in rent is too large," he says.
The Comptons aren't commenting.
Roach says the situation is "long past resolution" for the Comptons to negotiate to stay.
If the judge rules in Eaton Place's favor, the Comptons will be immediately evicted.
"Essentially," Roach says, "they'll be out, and we'll be in."