The developer sued by an O'Fallon coffee and sandwich shop is asking St. Clair County Circuit Judge Lloyd Cueto to dismiss the breach of contract suit against it.
Defendant GLK Development filed its motion Feb. 2 alleging that plaintiff Lebryk Company has not paid $5,000 as a deposit to execute the lease at issue in is lawsuit.
Lebryk Company, owner of Caffe Avanti in O'Fallon and Edwardsville, sued GLK alleging the developer violated a contract the two signed over a Belleville site.
According to the suit, Lebryk would open a Caffe Avanti in GLK's Main Street development in Belleville. It planned to open in April 2009.
However, the plaintiff alleges that renovations to the space had not been made as of May 13, 2009. The suit was filed 13 days later.
The suit contends the plaintiff lost revenue, opportunities to open elsewhere and standing in the community.
Lebryk company seeks $50,000 in damages, attorney's fees and costs.
The company opened a Caffee Avanti in Edwardsville earlier this year.
The plaintiff is represented by Judy Cates of Swansea.
The defendant is represented by Donald Samson of Belleville.
The case is St. Clair case number 09-L-273.