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Court Rejects Chocolate Co. Injunction, Exit Looms

Summary

  • South Bend Chocolate Company's lease ends May 31.
  • Injunction denied as monetary airport harm outweighs plaintiff harm.
  • Company cites unfair bidding process by airport officials.
Court Rejects Chocolate Co. Injunction, Exit Looms

The South Bend Chocolate Company will cease operations at the South Bend International Airport after its request for an injunction was denied. The St. Joseph County Superior Court ruled against the company, whose 12-year master concessionaire lease is set to expire on May 31.

This decision follows a lawsuit filed by the Chocolate Company on May 4, alleging the airport did not conduct a recent rebidding process fairly. The company claims out-of-state vendor Sky Dine was unfairly chosen over them, suggesting they were not informed of key franchise requirements discussed in a pre-proposal meeting.

Judge Jenny Pitts Manier stated in her order that the Chocolate Company had no right to assume lease extension and would not suffer irreparable harm. The court prioritized the airport's potential financial losses over the company's if the injunction was granted. The company indicated this is just the first step in a longer legal process.

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Property Code: 5571