FAIRHOPE—A settlement reached in a Foley courtroom Wednesday in an unlawful detainer lawsuit brought by Creekside Development Corp. will shutter the doors on the management by Tricia Niemeyer of Fly Creek Café, the scenic waterfront restaurant and live music venue on Mobile Bay that she has turned into a bustling business and lively gathering spot the past four years.

Elliegator LLC, the business owned by Niemeyer that leased the Fly Creek property, must vacate those premises by Oct. 31, according to court records.

Niemeyer issued a statement Wednesday afternoon through her attorney, Richard Corrigan of Mobile.

“We wish to thank all of our loyal friends and patrons and invite you to come out and enjoy our last few sunsets with our wonderful staff,” Niemeyer said.  “It has been a pleasure and a privilege serving our community in a fun, family atmosphere.  I hope everyone has at least one chance to stop by before the 31^st.”

In addition to approving the agreement between the parties as to when the premises must be vacated, the Oct. 17 order by District Court Judge Jody Bishop awarded $10,000 plus court costs to Creekside.

Corrigan said that Niemeyer plans to appeal Bishop’s ruling but had decided not to fight the owners over staying open.

 “With all of the negativity that has been brought up by this court action, and all the petty little issues that the owner puts in our way on a daily basis, I can’t run our restaurant to the standards that we’ve established and our customers expect,” Niemeyer said in the statement.

Shortly after eviction proceedings began last month, Elliegator filed suit against Creekside in Baldwin County Circuit Court, alleging interference with the operation of its business and seeking $1 million in compensatory damages. Circuit Judge Robert Wilters denied a request for a temporary restraining order in that case on Sept. 20, allowing the unlawful detainer case to proceed, resulting in this week’s settlement.

Corrigan expects the appeal of Bishop’s order to be consolidated with the pending circuit court lawsuit, which was filed, he said Wednesday, because Niemeyer was forced out of her lease with one year remaining on the original term with an option to renew for an additional five years.

Fly Creek Café drew large crowds on some evenings, and its live music drew criticism the past two years from some nearby residents, who spoke out loudly in City Council meetings and the media against what they said were noise problems that interfered with the peaceful enjoyment of their property.

Largely through the advocacy of a few of those residents, the city passed a controversial noise ordinance, which resulted in backlash from some local bands and supporters and patrons of Fly Creek Cafe. That ordinance also helped launch the unsuccessful council campaign of musician Kyle Brady, who was a leader of the opposition to the ordinance and a supporter of Fly Creek Café, where his band sometimes played.

Though Brady’s campaign was unsuccessful, the defeat last month of some incumbent council-sponsors of that ordinance has been credited, in part, to the controversy stemming from that measure, unpopular among many businesses and people in the city, not just by current management at Fly Creek Café, its patrons and supporters.

Niemeyer  has identified herself as the owner of Fly Creek Café,  which Creekside disputes.

“It is not our intention to close the restaurant at Fly Creek Marina,” said Katie Sahlstrom, speaking for Creekside, in a statement issued after eviction proceedings began last month, noting her family has owned Fly Creek Marina for 20-plus years. “The problem is simply a landlord/tenant dispute. The eviction has nothing to do with local politics, imaginary power struggles, money grabs, complaints about the volume of music, or the neighbors on the hill. As we have in the past, we will find a new tenant to take over the space.

“My own children have been coming down to here since they were born and I know how much it means to everyone. We value keeping the restaurant locally operated and staffed, and will try to make the transition as quickly and easily as possible.”

The allegations made in Creekside’s lawsuit were that Elliegator was violating the terms of its lease in various ways, which Niemeyer has denied.

The facts of what really happened between the parties resulting in the eviction lawsuit and pending litigation are in dispute and may never be completely known. Certainly no light was shed Wednesday in Bishop’s courtroom in Foley, where the attorneys for the parties met behind closed doors with Bishop, while Niemeyer and Sahlstrom waited in the empty courtroom.

Romaine Scott of Daphne, one of the attorneys for Creekside, said neither he, nor his client, could comment due to the possibility of an appeal in the eviction lawsuit, as well as the pending litigation.

“We appreciate that everyone would like to know all the details, but this is the only response we will be able to make to the inquiries because this is a business dispute in which court action has already commenced,” Sahlstrom said in her statement last month.