Vaughn Morrison has lost his battle to keep open his restaurant, Dodie's Highland Cafe in Akron's Highland Square neighborhood.

A decision issued by Summit County Common Pleas Court Magistrate John Shoemaker on Friday declared that Morrison no longer had any rights to the West Market Street building that housed Dodie's, effective the close of business on Friday.

``We have to be closed by the end of the day,'' Morrison said Friday.

However, by late afternoon, after several protesters had gathered in front of the restaurant, Morrison said he had gotten a stay of Shoemaker's order so that he could stay open until June 22.

Building owner Alex Perry said no such stay was given and expressed frustration that Morrison was being defiant in the face of a court order.

``He's going against judge-ordered mandates even as we speak,'' Perry said.

At the latest, Dodie's will be closed and Morrison gone from the property by June 22.

Friday's dispute over when Dodie's would close was just the latest fight in a protracted legal battle between Morrison and his landlords, Perry and Hector Figueroa.

Perry and Figueroa, who also operate Two Amigo's Restaurant next door to Dodie's, took steps to evict Morrison in 2006 because he wasn't paying his rent on time.

Morrison sued the pair, claiming they had violated his lease by refusing to extend it.

The matter went to court in April, when both sides reached an agreement that Dodie's could stay open for another 45 days, while Morrison, Perry and Figueroa searched for a buyer for the cafe.

The original diner opened at the location in 1936 and one has operated there almost continuously for the past 71 years. Morrison bought Dodie's about three years ago. Shortly after, Perry and Figueroa purchased the building at 808 W. Market St.

On Friday, Morrison had posted signs over the windows, that read, ``Last day -- closing due to Two Amigos not honoring lease,'' and ``All you can eat -- $10 until 12:00 a.m.''

But he removed the signs when he said he had received the stay. Neither Morrison's attorneys, Tom Haskins or Michelle Morris, nor Figueroa's attorney, Leland Cole, could be reached for comment.

Dodie's patron Emmet Zollinger, 24, who was one of the protesters outside the building, said he and others from the Akron Earthworm Collective, an art space set to open soon in Highland Square, came out to protest to show their support for Morrison. ``Vaughn helped us out a lot. We come here a lot. It angered us when we heard it this morning,'' he said.

Chaz Sabbagh, 27, said he had been coming to Dodie's for 11 years. ``I think this place is a big part of this community. I think it's going to be a big loss,'' he said.

Over the past 45 days, Morrison said there were potential buyers, but Perry and Figueroa would not offer an attractive lease.

That's wasn't the case, Perry said.

He said Morrison had nothing to sell except the Dodie's name, and that he and Figueroa have lined up tenants with whom they are entering into a lease. He expects the restaurant to be reopening soon as a diner.

He said he and Figueroa are in the process of working out a lease with three men with restaurant experience who want to operate there. ``It is going to be maintained as a diner, just like we've always said,'' Perry said.

Shoemaker's order does give Morrison until June 22 to remove any of his belongings from the building.

However, Morrison and Perry and Figueroa remain in dispute over what fixtures inside the building belong to whom.

Perry maintains all of the stoves, coolers and other fixed restaurant equipment stay with the building, while Morrison can take the tables, chairs, dishes and other items that aren't permanent.

Shoemaker ordered both sides to come to an agreement over who owns what by June 26. If that doesn't happen, he ordered all of the disputed fixtures put into storage until he can hold a trial on the dispute, which he scheduled for Oct. 22.

Originally published online here: http://www.ohio.com/mld/ohio/living/17314410.htm