A former concessionaire running the caboose concession stand in in East Dundee has filed a lawsuit claiming the village violated their agreement when it opted to find another operator for the stand in February.
Jim Stanula, the owner and operator of Dundee Depot Dogs, signed a two-year deal with East Dundee in 2015. Instead of offering Stanula an extension at the end of his contract term, the village began accepting other proposals.
Patrick Mayerbock, Stanula’s counsel, told the Kane County Reporter that his client made it clear he wanted to continue operating the stand and invested $50,000 in the business. He also said prior licensing agreements had been successful.
"Mr. Stanula exercised his option to renew the license agreement with the village on at least two separate occasions,” Mayerbock said. "Instead of honoring my client's right to renew the license agreement, the village wrongfully evicted my client. My client is seeking to be made whole.”
Stanula took over the stand after a previous operator, Blues BBQ, signed a deal with the village but then pulled out for financial reasons before beginning.
According to the Daily Herald, Stanula is asking for more than $130,000 in damages. He claims to have paid $65,000 for the licensing rights to the concession stand.
Stanula had considered finding someone else to run the stand at the end of his contract because he had lost money, and the village gave him a 30-day extension to do so on January 1. He then changed his mind and sought the two-year extension, which the village denied.
Documents from the village show the village board evaluating the licensing agreement in January. A recent Chicago Tribune article confirmed that the board is instead seeking a “new vendor” for the stand in the spring and proceeding with efforts to evaluate options.
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