The Roanoke Rapids Theater will be in the city’s control Wednesday.
That was a decision the city and legal representation for Lafayette Gatling reached before a civil court hearing on a preliminary injunction was held this morning.
According to the order, Gatling is to deliver to the city at 9 a.m. all real and personal property described in the lease. That includes fixtures, passwords, safe combinations and keys and will have until September 14 to complete the process.
The order follows the filing of a civil action by the city against the L&M Hospitality operating group seeking possession of the theater, money damages for past due rent, clear title to the facility, along with other remedies available to the City resulting from an alleged breach of an agreement entered between the two parties in March of 2009.
The city has not received a lease payment from L&M since March and shows an outstanding balance of over $530,000 owed.
City Manager Paul Sabiston said the city will take inventory of the theater Wednesday. He said the next step will be to find someone to run the venue temporarily.Sabiston said he didn’t know what today’s order would mean for a show planned at the theater on September 24. “We didn’t enter into that agreement.”
Asked about a magazine which is currently operating from the theater, Sabiston said the city is not immediately interested in subletting office space. “As far as we’re concerned, we have possession.”
The decision today doesn’t mean the court battle is over because the injunction was one part of the city’s lawsuit against Gatling, who was not in court today. It could be October or November before the suit is heard, City Attorney Gilbert Chichester said.
“I’m happy with the outcome,” Mayor Emery Doughtie said. “It gives us an opportunity to getting acts in the theater.”
Doughtie, in a city issued press release said, “This order is a good result for the city and now allows us to move forward with concluding the lawsuit but, more importantly, to move forward with revitalizing the theater itself. We hope to have activity in the Theater in the next 30 to 60 days.”
Sabiston said there are between eight and 10 people who have shown interest in running the theater.
Sabiston said the city will be looking for professionals who have experience in entertainment.
Asked why he thought there were so few shows at the theater, Sabiston said, “Save that question for Mr. Gatling.”
In the city press release Sabiston said, “We hope to have a temporary operator in place in the next 30 days, if possible. We believe it is important to try to bring back quality performances to the Theater as soon as possible and do that in a professional manner that can give the public some confidence in the Theater operations.”
Chichester said Gatling’s attorneys filed a motion to dismiss the lawsuit, which he said the city didn’t feel was appropriate.Gatling’s attorneys have 20 days to file an answer to the order.
Chichester said because Halifax County typically only has three or four civil court sessions a year the lawsuit against Gatling probably won’t be heard until October or November.
The order stands until the complete lawsuit is heard.
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.
