The city has the option to file a lawsuit to have Lafayette Gatling and L&M Hospitality vacate the Roanoke Rapids Theatre.

City Attorney Gilbert Chichester said, however, he will first talk with Gatling’s attorneys and tell them city council has rescinded any offers and counter offers made on the building.

Chichester said he will explain the city wants Gatling to vacate the theater but if the attorneys don’t agree council has authorized him to file a lawsuit requesting he vacate the venue.

“I think council got frustrated with the different offers and counter offers,” Chichester said in a telephone interview.

Why Gatling did not vacate when council ended the contract last month is something the city attorney doesn’t have a clear answer on. He said he believes Gatling and L&M feel they have made a sizable investment in the venue and Gatling may have felt he had a right to stay as contract negotiations were ongoing.

If the matter does have to go to court, Mayor Emery Doughtie said the city hopes to file the lawsuit soon to regain control of the venue. It will be up to the presiding judge on a timeframe. “We hope something will happen within the next 10 days.”

Doughtie said following a closed session Thursday, City Attorney Gilbert Chichester informed him he could tell local media no additional negotiations were being held with Gatling and L&M.

Doughtie said the city has withdrawn all previous offers for Gatling to buy the theater and there are no other negotiations.

The mayor said the city has to take this action because Gatling did not voluntarily leave when the city ended its contract with him.

The city voted to end its contract with Gatling last month because of late payments and few shows.