The Martha’s Vineyard Airport Commission is attempting to evict Airport Fuel Services (AFS), which does business as Airport Mobil, from its location in the industrial park.
The commission, through its attorney David Mackey, filed an eviction notice, and Michael Mahoney, an attorney for Airport Mobil owner Michael Rotondo, filed a response Monday in Edgartown District Court, saying his client should be allowed to remain until his lawsuit against the commission is resolved.
The eviction filing is the latest legal tangle between the commission and its former tenant. In March, the commission awarded a new 20-year lease to Depot Corner, after reviewing four bidders. Depot Corner outbid Mr. Rotondo by nearly $400,000.
The contract for the property was put out to bid because Mr. Rotondo’s 20-year lease was coming to an end. An attempt by Mr. Rotondo to renegotiate at least at 10 years was rejected, because public bidding laws prohibit such negotiations on public property.
In April, Mr. Rotondo attempted to block the awarding of the contract, saying the bid process was flawed, but a superior court judge denied his request for an injunction.
Mr. Rotondo’s lease expired on May 15, but he continues to operate the gas station, convenience store, and car wash located near the airport while the legal maneuvering continues.
“The lease between Airport Fuel Services and the airport expired May 15, but AFS has continued to operate its business on airport property,” Mr. Mackey told The Times Monday. “The airport commission still hopes for an orderly transfer of business from Airport Fuel Service to Depot Corner, but in the meantime has applied for eviction.”
Mr. Mackey, declined further comment citing the ongoing litigation.
In documents filed by Mr. Mackey on behalf of the commission, he seeks nearly $235,000 from Mr. Rotondo in damages, rent, and attorneys’ fees.
In his counterclaim, Mr. Mahoney seeks nearly $8,000 on behalf of Mr. Rotondo. The document claims the commission is “conspiring to deny [Mr. Rotondo’s] bid for a new 20 year lease” by violating state bidding laws.
Mr. Mahoney declined to comment on his client’s behalf.
The 20 year lease is up. I’d like to see the airport commission prevail against this squatter. And after Depot moves in, I’d like to see them sue and get awarded their missed profits for the summer season. Getting bad legal advice in the first place (signing a lease without a right to renew) was foolish enough. Squatting now and depriving someone (depot) of their legally entitled to profits is foolish *again* and may prove to be expensive.