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Frank Theatres to file emergency petition to force reopening under its ownership

Order comes after announcement of Cinergy taking over space

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BLACKSBURG, Va. – Lawyers representing Frank Theatres CineBowl & Grille will file an emergency petition for an injunction to force the reopening of the theater under its ownership Thursday, WSLS 10's Dawn Jefferies has learned.

Under the court order, Frank Theatres alleges it was not given proper notice and Blacksburg APF Properties didn't have the right to close it, the document says.

Attorneys will ask a Montgomery County judge to immediately reopen the cinema under Frank Theatres' control.

The document also alleges that the lease requires five days written notice of payments being behind.

In addition, lawyers will argue a separate agreement between the company and property owners and a third party, Elm Park Capital Management, requires the landlord to give Elm Park 30 days notice prior to the termination of the lease.

Property owners locked the doors to the theater Tuesday, saying Frank Theatres failed to meet the obligations under its lease and had numerous opportunities to do so.

Blacksburg Partner APF announced Wednesday, a new company, Cinergy Entertainment would take over the theater. 

The complaint will be heard in court Thursday at 2 p.m.