NORTH TOWNSHIP | Thomas Fife, owner of the township's former catering service, has countersued the township, alleging breach of contract and defamation.
The township terminated Fife's contract in May and filed suit the following month. The township's lawsuit contends Fife has not complied with a demand for a full accounting and failed to return money owed the township.
Represented by attorney Frank Callahan, of East Chicago, Fife filed his counter claim July 30 in Lake Superior Court.
The countersuit states Fife's company, Unique Events Inc., had contracted with the township since 1996 and worked for a time without contract under North Township Trustee Frank Mrvan until a new contract was made retroactive to Nov. 30.
Unlike previous contracts, the company agreed to pay the township 14 percent of the gross revenues less sales tax, according to the lawsuit. The company provided equipment, fixtures, utensils and similar items and had the right to reclaim the equipment. The lawsuit contends the township has kept the equipment, which has a value in excess of the $70,000 the township claims Fife owes in deposits for upcoming events.
The company retained all receipts and paid all expenses and its contractual 14 percent, according to the lawsuit, which alleges the township failed to provide the required 10 days' written notice to correct defects before a new contractor could be engaged.
According to the counter claim, the company's contract was terminated May 9 during a meeting in the offices of township attorney David Gladish and given 30 days to vacate the premises. The company demanded the return of its equipment a week later, but was denied.
The counter claim argues the township's actions, which included having locks changed to the Wicker Park Social Center, prevented the company from fulfilling its obligations to its clients and caused the company to suffer additional expense and loss of status.
In a separate response to the township's complaint, Fife denies the township hasn't received an accounting, alleging a comprehensive accounting was provided to the township's attorney.
On Monday, Callahan declined to discuss Fife's countersuit beyond what appeared in the court documents filed last week. Callahan said he routinely does not comment on pending court cases.
Gladish, the township attorney, disputed the township has received an accounting as claimed in the countersuit and that the township failed to give 10 days' notice so the company could correct its deficiencies.
"It's frivolous and an attempt to slow down our accounting of the money owed," he said Monday of the countersuit.
