Revolution Fitness Wins $22M in Lease Dispute
Table of Contents
Lease Deal Set the Stage for Conflict
Revolution Fitness, operated by Get Your Back On Track, LLC, leased a commercial property in Newtown, Ohio in 2014. The company signed an agreement with B.E.E. Holdings, LP, which included a right of first refusal (ROFR) if the property went up for sale. Revolution moved its operations there and expanded its business. In 2016, B.E.E. Holdings transferred the property to BANSHEE 3652, LLC during a divorce settlement. Revolution continued to pay rent and operate under the lease, but no one informed them of the ownership change.
Private Sale Triggered Legal Dispute
In March 2018, BANSHEE sold the property back to B.E.E. Holdings for $725,000. Revolution did not receive notice or the opportunity to match the offer, despite its contractual rights. Douglas Evans and Zachary Peterson managed the property during this time. They collected rent from Revolution but did not forward the payments to BANSHEE. That omission led BANSHEE to believe Revolution defaulted. Meanwhile, Evans and BEE negotiated a separate deal to sell the property to Forest Hills School District for nearly triple the earlier sale price.
Business Lost Its Chance to Buy and Operate
In February 2018, Revolution asked about buying the property. Peterson responded but did not disclose that BANSHEE owned the site or that a sale was already in progress. Revolution never learned of the pending transaction. After BEE acquired the property, the school district ended the lease. Revolution lost access to its space, ceased operations, and shut down its business.
Company Sought Compensation for Losses
Revolution claimed it lost a chance to purchase the property for $725,000—well below its true market value. It also claimed lost business profits and future earnings. The company sought compensatory and punitive damages, along with legal costs and attorney fees.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Get Your Back On Track, LLC
Counsel for Plaintiff: Matthew Metzger | Brian J. Butler
Defendant(s): BANSHEE 3652, LLC | Stephanie Evans | Zachary Peterson | Douglas Evans | B.E.E. Holdings, LP
Counsel for Defendants: Bernard W. Wharton | Andrew Spievack | Brian P. O’Connor
Revolution Filed Three Legal Claims
Breach of Contract – Against BANSHEE
Revolution argued that BANSHEE violated the lease by selling the property without providing the required ROFR notice.
Tortious Interference – Against Evans, Peterson, and BEE
Revolution claimed these defendants knowingly interfered with its lease rights and pressured BANSHEE to ignore the ROFR.
Fraud – Against Evans, Peterson, and BEE
Revolution accused the parties of misrepresenting ownership and withholding rent information. It argued that those actions blocked its ability to act on its rights.
Defense
In response to the lawsuit filed by Get Your Back On Track, LLC, Defendants Doug Evans, Zachary Peterson, B.E.E. Holdings, LP, and Banshee 3652, LLC denied nearly all substantive allegations and raised multiple affirmative defenses. They argued that the complaint failed to state a valid claim and invoked legal doctrines including res judicata, collateral estoppel, statute of limitations, laches, waiver, and failure to mitigate damages. They also asserted that any damages suffered by the Plaintiff were due to the Plaintiff’s own conduct or third parties beyond their control.
Additionally, Banshee 3652, LLC specifically claimed it had no obligation under the lease’s right of first refusal because the lease did not bind successor owners. Banshee also filed counterclaims for unjust enrichment and declaratory judgment, asserting that the Plaintiff used the property without paying fair value and had no enforceable right to purchase the property. Both Banshee and the other Defendants sought dismissal of the complaint with prejudice, attorneys’ fees, and further relief deemed appropriate by the Court.
Jury Verdict
On July 2, 2025, the jury in the Hamilton County Court of Common Pleas returned a verdict in favor of Get Your Back On Track, LLC, finding BANSHEE 3652, LLC liable for breach of contract, BEE Holdings, LP liable for tortious interference and fraud, and Doug Evans personally liable for fraud. The jury awarded $7,494,467 in compensatory damages across all three claims and imposed $14.8 million in punitive damages against BEE Holdings, LP.