<p>Eviction proceedings are under way against the owner of Airport Mobil as a lease dispute with the Martha’s Vineyard Airport commission lingers in court.</p>
Eviction proceedings are under way against the owner of Airport Mobil as a lease dispute with the Martha’s Vineyard Airport commission lingers in court.
Mobil station owner Michael Rotundo lost a key round last month when a superior court judge refused to grant a preliminary injunction to block the airport commission from awarding a new lease to a competing Edgartown station.
The 20-year lease for Mr. Rotundo's Airport Fuel Services on lot 33 in the airport business park expired on March 9. Following a public RFP process, the airport commission voted to grant a new lease to Louis Paciello, the owner of Depot Corner, which includes two stations in downtown Edgartown. Mr. Rotundo went to court to try to halt the lease change, claiming the process was flawed.
When that attempt failed, he was facing a May 15 deadline set earlier by the airport commission to wrap up business and negotiate any sale of the gas station buildings and infrastructure to Mr. Paciello.
The May 15 deadline passed last week, but Mr. Rotundo continues to operate the Mobil station, selling gas and car washes and serving customers at the convenience store.
Speaking to the Gazette by phone this week, he said he intends to press ahead with the case despite the ruling by the Hon. Mitchell Kaplan that cast doubt on the likelihood of prevailing at trial.
“We’re very confident,” Mr. Rotundo said. “We feel we’re on pretty solid legal ground.”
His attorney, Michael L. Mahoney, was unavailable for comment.
The airport commission began eviction proceedings a short time after the injunction was denied.
“The airport commission continues to believe that all parties would be best served by a prompt and amicable transition of the business from Airport Fuel to Depot Corner,” commission attorney David Mackey told the Gazette by phone. “But in the meantime, the lease between Airport Fuel and the airport commission has expired, so the airport commission has begun the process to evict Airport Fuel from the premises.”
Mr. Mackey said he expects a hearing on the eviction action in Dukes County superior court sometime in mid-June.
Meanwhile, Mr. Paciello, who wants to begin getting the new business up and running, said he has been advised to wait until the legal dispute is resolved.
“I was advised to sit patiently and wait,” Mr. Paciello said. “I try not to get frustrated. It’s just the unknown is kind of hard when you’re trying to line up a business plan.”
Comments
I am curious how Mike ended
paul adler up islandI am curious how Mike ended up with only a 20 year lease? Most of the airport tenants have 40 year leases?
Maybe the concern was
Neil Off IslandMaybe the concern was changing fuel prices. Rhetorical: How complicated can it get when a service station folds?
An airplane hangar lease may
deshandra brown EdgAn airplane hangar lease may differ from a business park lease. Either way. 20 years is 20 years.(apparently the case here) If you don't have the 'right to renew' as part of the lease terms, you must vacate the premises. If I was Mike, I'd be upset with the attorney who advised him to agree to the terms 20 years ago when he created his business and signed the lease according to whatever terms were contained within. If you don't own property and you're a tenant, when the lease is up, you're out.(or face a big rent increase in a commercial building if the landlord is in the mood to allow you to stay in business) In hindsight, signing an agreement without a right to renew was foolish, especially considering the expenditure involved putting up a building, and installing tanks and pumps (all of which must be removed from the property most likely....or if its like a a hangar lease...revert to the county's ownership)
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