Moss Landing business sues Vistra Energy battery storage facility over fires
MONTEREY COUNTY, Calif. (KGO) -- The owners of a popular restaurant in the coastal community of Moss Landing have shuttered their doors indefinitely.
In a lawsuit filed Thursday by Kim and Luis Solano, it alleges the fires that broke out on January 16 and reignited February 18 at the Vistra Energy battery storage facility have caused them health injuries and damage to business.
When you call The Haute Enchilada, Café, Gallery & Social Club, you get this voice message:
"Hello, you reached the Haute Enchilada in Moss Landing, we are currently closed to the public due to the ongoing Vistra lithium-ion battery fires."
The law firm Cotchett, Pitre and McCarthy out of Burlingame are representing the Solanos.
RELATED: Moss Landing battery plant fire: Environmentalist Erin Brockovich, residents file lawsuit
Dave Hollenberg is an attorney.
"They saw pretty quickly that business had dropped 50% of what they typically expect for this time of year," Hollenberg said.
The Haute Enchilada, Café, Gallery & Social Club is a restaurant, a gallery and a private event space.
The complaint also states the Solanos own five Airbnb properties where people are cancelling.
"There have been assurances from local, state, even federal officials that things are safe, you know the air quality is fine and while that's all nice to hear, we want some actual proof of that," Hollenberg said.
VIDEO: Another fire at Moss Landing battery facility raises health and air quality concerns
Less than a half a mile away from Haute Enchilada is the Inn At Moss Landing Point - a boutique hotel with 30 rooms.
The owner Bhavik Patel just took this hotel over on December 1 of last year.
"The time of the fire couldn't have been worse," Patel said.
Patel said the initial fire caused cancellations for the first few days, and caused guests to cancel six months out from now.
"Just today I was working the front desk myself, and I fielded a call where a guest called in and asked, 'Like is the air safe to breathe?"' Patel said.
RELATED: Monterey County unanimously approves state of emergency after Moss Landing fire
Patel is assuring guests who call that he's been there every day.
"I'm here and I've been here since and I feel fine, and you know my team feels fine so I'm going to trust the EPA, (it) says the air is clean then the air is clean," Patel said.
Business owners like Patel want to advocate their community is hurting for business.
"I'm still seeking legal counsel and weighing out my options to see you know, where do we go from here?" Patel said.
We reached out to Vistra regarding the lawsuit and are waiting to hear back.
