2 of Macon’s Big Peach Car Wash locations closed over a court case. Here’s why.
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- Big Peach Car Wash owes nearly $300K in unpaid rent and fees, landlords say
- Both Macon car wash sites closed amid legal dispute over property seizure.
- Big Peach assets now at risk in ongoing court case.
Two Big Peach Car Wash locations in Macon have been closed for about a month because the landlord of the properties says the car wash hasn’t paid nearly $300,000 in rent, court records show.
Withco, the company that owns the parcels of land where Big Peach has car washes at 1820 Hardeman Ave. and 965 Gray Hwy., claimed in a request for seizure filed June 27 that the car wash owner owed rent, late charges, interest and attorney’s fees. The request comes after Withco discovered the car wash locations weren’t profitable, according to court records.
Since then, those two locations have closed and appeared to still be closed Monday.
Attorneys for both Withco and the Big Peach locations appeared in Bibb County Superior Court Monday. Judge Jeffrey Monroe was expected to make a ruling on the case, as Withco attorney John J. Wiles wanted summary judgment against the car washes and an order allowing Withco to seize the locations. Cathy Nash, attorney for the car wash locations, argued the case should actually be heard in Monroe County because the owner of the car washes, Wesley Cone, is based in Monroe County.
An issue with Wi-Fi inside the courthouse kept Monroe from reading the partnership lease agreement between Withco and Cone, so he didn’t make a ruling Monday. The judge ordered Wiles and Nash to submit proposed orders by July 28.
The two locations are expected to remain closed until a ruling is made on the case. If the car wash has to forfeit its assets, it would include more than $1.3 million in equipment, according to court testimony Monday.
Big investments in Big Peach haven’t paid off
Cone and Withco reached an agreement in November 2022 to lease the Hardeman Avenue land for five years, with an initial base rent of $30,000 a month and a $30,000 security deposit. They agreed to lease the Gray Highway land for 10 years, with an initial base rent of $25,000 per month and a $25,000 security deposit.
According to Nash, the agreement established that all litigation would be handled in Monroe County and Cone would be able to retrieve any assets at the property that don’t belong to Withco if the agreement was terminated.
Some of the assets at the Hardeman location, which was previously called Fountain Car Wash, were paid for by Withco. That included $1.3 million to build the car wash and an allowance for equipment. But there are other assets, such as vacuums, a rotary air compressor, an air conditioner in the breakroom and other equipment and improvements that were financed by third parties and belong to Big Peach Car Wash, Nash argued. Those items cost more than $391,000.
Nash also argued there are $877,000 in assets at the Gray Highway location that belong to Big Peach Car Wash, including industrial lighting, controls, signage, blowers and remodel-related equipment.
Despite all these investments, court records show the car washes weren’t turning a profit. Court records say Big Peach is unable to pay the combined $55,000 in rent for both locations.
Because of that, Withco “demanded” on March 14 that Big Peach cut a deal with another group to buy out the lease for $8.5 million to $9 million, court documents say. Withco wanted past-due rent to be paid and a solution allowing Big Peach Car Wash to “turn in the keys” for the property.
Wiles sent demand letters on behalf of Withco to Big Peach Car Wash for the immediate possession of the Hardeman and Gray Highway car wash locations.
Attorneys for the Big Peach Car Wash locations said in court records that they offered to let Withco take the property, but Withco refused. So Big Peach’s representatives offered to keep operating the car washes and work cooperatively with the land owners to sell the car washes as fully-equipped, fully-staffed businesses. But Withco instead filed affidavits to have the property seized, Big Peach representatives said in court documents.
As a result of the requests from Wiles, Big Peach Car Wash claims it has suffered damages of “at least $1,323,452.28 for the two Big Peach car washes, $391,452.28 for Hardeman and $877,000 for Gray Highway, plus $55,000 of security deposits, attorneys’ fees and costs,” which led to Big Peach Car Wash filing a counterclaim against Withco, according to the court document.
‘We’re entitled to go for more money’
Though Withco hadn’t filed a legal response to Nash’s claims regarding what Big Peach Car Wash believes it has suffered, Wiles said in court Monday that the case cannot be handled in Monroe County because both car washes are in Bibb County.
“I’ve been practicing law a long time, and I do primarily dispossessories ... (this is the) first time it’s ever come up,” Wiles said Monday.
Wiles argued that, because Nash didn’t respond to the request for seizure within five days, he’s entitled to summary judgment, which would allow the judge to order Big Peach Car Wash to forfeit the properties. He also said he didn’t accept the property by itself because Withco feels it is entitled to money too.
“We’re entitled to go for more money as it is owed after the day of filing the dispossession,” Wiles said.
This story was originally published July 22, 2025 at 9:29 AM.
