By Rob Alway, Editor-in-Chief
LUDINGTON — The City of Ludington has issued a temporary occupancy permit for AndyS Restaurant, allowing the long-delayed downtown development to begin operating while several remaining issues are addressed.
According to city records, the temporary occupancy permit was issued May 28 for the new restaurant and sports bar at 129 W. Ludington Ave. The permit allows occupancy of the building while imposing conditions related to the building’s second-floor overhang and parking along Rath Avenue.
The permit marks the latest development in an ongoing legal dispute between the city and ASR Real Estate LLC, owned by Dr. Andy Riemer, over a stop-work order issued in August 2025.
The city halted construction of the approximately $10 million project just weeks before it was scheduled to open, alleging that structural support columns for the building’s overhang were constructed too close to Rath Avenue and did not comply with the approved site plan. ASR Real Estate subsequently filed suit against the city, arguing the project had been built according to plans previously approved by city officials.
Under the terms of the temporary occupancy permit, the second-floor occupancy area over the Rath Avenue sidewalk must remain closed to the public and cordoned off. The permit states the overhang area cannot be occupied until a formal license agreement is executed and a final certificate of occupancy is issued. It also requires parallel parking spaces on the west side of Rath Avenue to be re-striped to 8-foot widths before a final occupancy permit is granted. The temporary permit expires Sept. 14, 2026.
In March, Judge Eric R. Fox granted a preliminary injunction in favor of ASR Real Estate, ordering the city to rescind its stop-work order and allowing construction to resume while the lawsuit proceeds. In his ruling, Fox found that ASR had demonstrated a likelihood of success on the merits of its claims and concluded the approved site plan contained inconsistencies that made simultaneous compliance with all requirements impossible.
The court also determined that maintaining the stop-work order would cause irreparable harm to the developer. Testimony presented during court proceedings indicated the project was losing approximately $100,000 per month while construction remained halted.
The temporary occupancy permit does not resolve the underlying litigation, which remains pending in Mason County’s 51st Circuit Court. However, it clears the way for the restaurant to begin operations while the parties continue to work through issues related to the overhang area and final site requirements.
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