This Dairy Queen on New Castle Road, near the entrance to the Butler High School campus, has closed because of a franchise conflict. The owner says he is working to reopen the business.

There's been an ice cream shop near Butler High School for more than half a century.

Jim Edwards currently owns the Dairy Queen at 169 New Castle Road. The franchisee has called the shop home for 51 years, but he was forced to close this week due to problems with the franchiser.

“We're trying to keep it out of court,” Edwards said. “They found me in non-compliance due to the machines.”

Edwards said the ice cream machines passed state inspections as recently as this year, but the franchiser wants them updated anyway. Edwards said he does not want to upgrade the machines unless they are not working.

“These machines are not that old, and we've replaced them before,” he said.

Dean Peters, director of communications for the American Dairy Queen Corporation, said in a statement Thursday that the company does not take the termination of franchise agreements lightly.

“We have many franchisees in our system who have owned and operated DQ locations for 40, 50 and even 60-plus years,” he said. “There are a multitude of factors that go into the decision when franchises may need to be terminated.”

Peters said confidentiality agreements prevent him and the company from discussing the specifics of any allegations.

Edwards said his shop was an ice cream store even before he bought the place 51 years ago.

“There's over 64 years of people eating ice cream over there,” he said.

Having served the community for so long, Edwards said he's received a lot of support from people who have enjoyed the shop's ice cream.

“I'm getting calls from out of state,” he said. “I think it's just overwhelming.”

Edwards said he appreciates the support he's had from the community.

“It's heart throbbing that I have to close that place down,” he said. “The outpouring of support that we got from the community is just gratifying.”

The shop's proximity to the high school also made it an ideal spot for some students to find work.

“We've always employed young people. High school people,” he said. “For a lot of them, it's their first job.”

The closing affected seven employees.

“It's a great experience for the high school kids throughout the years,” Edwards said. “We've put a lot of kids through there, who have gone on to better and better things.”

With all the support from the community added to his desire to pass down the company to his family, Edwards said he wants to try to resolve the matter with the franchiser, if they are willing to work on the problem.

“We will be open again,” he said. “I will give you 100 percent that we'll be open again, with or without a franchise.”

But, he also plans to maintain his independence.

“That's a definite promise,” he said. “I will not give up.”