The fight by former owner of That One Place restaurant with the state over $132,000 of COVID fines is finally over.

Craig Kenady’s appeal was dismissed in Kitsap County Superior Court because he failed to take action over the previous 12 months. Kenady did not respond to a request for comment.

The state Department of Labor and Industries will take action to have Kenady pay the fines, spokeswoman Dina Lorraine said.

The Port Orchard restaurant was hit with the fines for 11 instances of serving dine-in customers during January of 2021 when the practice was barred by health regulations and by Gov. Jay Inslee, court rulings say. Each violation carried a $12,000 fine.

Regarding payment, “If he requests a payment plan, the revenue agent will review financial information to determine the payment amount and length of plan,” Lorraine said.

At the start of the three-year case, L&I filed a restraining order to stop the restaurant from serving dine-in customers which stated, “By continuing to offer indoor dining, That One Place is endangering the health and safety of its employees … and the general public. … This creates an immediate and irreparable probability and risk of serious injury or death.”

The fines were imposed following a three-day trial in May of 2022. The proceeding focused on whether the restaurant’s indoor dining area was the equivalent of outside dining. Outdoor service had been authorized by the state under certain circumstances. Kenady argued he had taken steps to improve air circulation in the restaurant. Industrial hygienist Kevin Headd testified that created a situation that was “essentially the same as outdoor dining.”

In the end, the court found Kenady’s efforts fell short. Following trial Kenady unsuccessfully sought review of the judge’s decision and eventually appealed to superior court. After his legal problems surfaced Kenady sold the restaurant and moved out of the area, according to his Facebook posts.