So What Is Eating Bob Burns? : Mall Renovation Is Getting in the Way of Business, Restaurateur Says in Lawsuit

If Bob Burns has his way, Fashion Island in Newport Beach will be one of the quietest renovations around. In fact, much of the work would be done in the dead of night.

Burns’ company, Robert Burns & Sons, owns and operates two restaurants at the shopping center: Bob Burns and El Roberto.

According to a lawsuit recently filed by the firm in Orange County Superior Court, the eateries have been losing business since April because of Fashion Island’s $115-million remodeling.

The renovation--the third and final phase of a project that started in 1985--should add about 70 new stores, a seven-screen theater and a food court to Fashion Island.

But in the meantime, it has added mounds of dirt and lots of disruption from the construction--much of it in front of the Bob Burns and El Roberto restaurants, the lawsuit says.

The legal spat began 18 months ago when the Irvine Co., which owns Fashion Island, began negotiating with its tenants about the planned renovation. It was unable to reach an agreement with Robert Burns & Sons.

Meanwhile, since construction began two months ago, customers at Bob Burns have been confronted by deep excavations and waist-high piles of dirt near the restaurant’s entrance, the lawsuit said.

“The heavy equipment is causing vibrations; there have been cement mixers and earthmovers in front,” said Gregory M. MacGregor, a partner with Ervin, Cohen & Jessup, which represents Robert Burns & Sons. “There’s all that noise and dust blowing around. And Bob Burns isn’t exactly the kind of restaurant that’s associated with a construction zone.”

The Irvine Co. counters that it has tried to minimize customers’ inconvenience and that it is paying for a renovation that ultimately will help its tenants.

“As the owner, the Irvine Co. has the right to conduct the refurbishment it is conducting,” said James V. Selna, a partner with O’Melveny & Myers, which represents the developer. “Bob Burns is right at the center of what will be the new focus of Fashion Island--and probably will benefit more than any other tenant,” he said.

But according to the restaurant’s owners, customers will get used to dining out somewhere else. “People won’t realize the restaurant is open, and they’ll develop other eating patterns. Most people rotate to a few favorite restaurants,” MacGregor said.

Bob Burns already has seen a significant drop-off in business because of the construction, MacGregor said. Lunchtime trade is off about 16% from last year, while dinner business is off about 20%, he said.

El Roberto, which adjoins Bob Burns, has not been as severely affected, MacGregor said.

The lawsuit, filed July 1, asks for unspecified damages. It also asks that construction be curtailed during the restaurants’ business hours. “They’re going to have to do something to complete the project. But there’s got to be a less intrusive way to do it,” MacGregor said.

The plaintiff’s request for a preliminary order is scheduled to be heard Aug. 3.