The hearing would center on an injunction included in the lawsuit which requests the city take over operations of the Roanoke Rapids Theatre even as litigation continues.
If the city can get control of the theater, Sabiston said the city would try to get someone to run the venue temporarily.
While the city may not make much money off the shows short term, it could make enough for upkeep, the city manager said.
Gatling’s attorneys filed an extension on July 21 to review the suit. The extension expires August 23.
The seven page civil lawsuit contains four evidence exhibits which include the notice ending Gatling’s contract with the city, a letter demanding the property and past due rent back, the lease agreement with the city and the contract for Gatling and L&M Hospitality to buy the 8.822 acres of land on which the venue is located.
The city contends in the lawsuit it entered valid contracts with Gatling through the lease and agreement to buy the land. The city says it has complied with the terms of the documents and that Gatling has committed material breaches of the documents while the city has given notice they have not been corrected.