Whether the city files a lawsuit to regain control of the Roanoke Rapids Theatre may depend on the response it gets from Lafayette Gatling and his lawyers, City Attorney Gilbert Chichester said tonight.

Chichester said he will send a letter to Gatling and his representatives Wednesday. The letter will explain the city’s decisions to rescind all offers on the theater that Gatling has not accepted, Chichester said, declining to elaborate.

“There doesn’t have to be a lawsuit,” Chichester said. “If he wants to purchase or vacate there is no reason.”

City Manager Paul Sabiston said, however, he expects there will be a civil suit filed to regain control of the venue and has expected one for the last month.

Sabiston said the city has a valid agreement with Gatling, one which the Chicago businessman has defaulted on. Gatling owes the city more than $200,000. “We can’t keep talking without having control.”

Mayor Emery Doughtie told rrspin.com last week the city has withdrawn all previous offers for Gatling to buy the theater and there are no other negotiations.

The mayor said the city has to take this action because Gatling did not voluntarily leave when the city ended its contract with him.

The city voted to end its contract with Gatling last month because of late payments and few shows.