VALPARAISO | A Chesterton-based restaurant has filed suit, claiming it is being illegally forced out of its site at the former Jewel store, which is slated to become a 24-hour emergency room facility.

Dirty Dawgs & Chicks claims that on July 9 it was locked out of its site at 754 Indian Boundary Road without notice or proper termination of its lease.

The restaurant alleges it is being denied access to its tables, chairs, ovens and other supplies. Based on plans by Sisters of St. Francis Health Services to purchase and demolish the building, the restaurant fears it will lose its supplies.

The suit, which targets Sisters of St. Francis and developer LZK, seeks possession of the supplies and a return to the lease.

LZK filed a suit of its own against Dirty Dawgs & Chicks and David Wagner, claiming the restaurant defaulted on its lease by falling behind in its rent.

The development company claims Dirty Dawgs leased its restaurant to David Wagner without notifying the landlord. Wagner ceased operating at the site in February and rent went unpaid, according to the suit.

Dirty Dawgs denies falling behind in rent.

St. Anthony Memorial hospital and its parent, Sisters of St. Francis Health Services, have made an offer on the 36,000-square-foot former grocery store.

The offer was accepted, and if the deal closes as expected, the facility could open by early 2010, St. Anthony Memorial said in a prepared release.

Plans are for a $20 million free-standing emergency room staffed around the clock by board-certified emergency medicine physicians.

Diagnostic imaging services, an on-site laboratory and physician offices also are planned for the location.