Food Fight.

CUSTOMERS GET CAUGHT IN MIDDLE IN SUIT AGAINST BURGER CHAIN

Grabbing a takeout hamburger might not be as cheap as it used to be at-an In-N-Out Burger outlet in Pasadena, but not because the fast-food eatery is raising prices.

One of the burger joint's neighbors along Foothill Boulevard has filed suit, alleging that the restaurant's patrons clog traffic, block his driveway, and prevent customers from getting to his bike shop.

The catch for In-N-Out's customers? If they're not careful, they could end up as defendants.

"There's a basic problem that In-N-Out is allowed to conduct business in a way no other business is. They're allowed to use the city streets as a parking lot," said Open Road Bicycle Shop owner Steve Lubanski.

Parking is tight and the driveway is small at the 47-year-old restaurant, the oldest standing In-N-Out in the chain. As a result, the line for the drive-through window can stretch into the street.

To deter cars from waiting in line outside his shop, Lubanski set up a sandwich board announcing that In-N-Out patrons who block his driveway could be named as John and Jane Does Nos. 1 to 10,000 in the suit. Lubanski has about 250 photos of drivers and their license plates on file, but has not yet added any customers to the suit.

"Customers have called and they've been concerned," said In-N-Out's general counsel, Arnold Wensinger. "We're letting them know what we've done and that we have no control over the litigation because we're the ones being sued."

In an effort to placate Lubanski, In-N-Out created signs asking motorists waiting in line not to block the bike shop's driveway, and sent employees to monitor lines during busy hours, Wensinger said.

For Lubanski, the efforts don't make up for the energy he's spent to keep the road clear since he moved in five years ago.

He filed suit after In-N-Out denied a request for a $75,000 loan to help him move his business to another location.

"We said we are not in the business of loaning money and we could not do that," Wensinger said. "Neither would we want to do it because it's not warranted, but we don't loan anybody money. We're in the business of making hamburgers."

Lubanksi estimates that he loses $30 to $50 in business a day because of lack of access to his shop, but no amount has yet been named in the suit. He is seeking damages, plus moving expenses, and plans to relocate no matter what the suit's outcome.