|
|
 |
Pharmacist claims damages due
Schroeder alleges Osage City breached purchase
contract
Wayne White
Managing Editor
OSAGE CITY—An Osage City pharmacy has answered the city’s
eviction petition with a counterclaim seeking $75,000 in damages,
but has agreed to pay monthly rent until the issue is settled in
court and eventually vacate its portion of a city-owned health clinic.
In October, the city of Osage City filed a petition in Osage County
District Court to evict Schroeder Drugs, Inc., which occupies space
in the health clinic building. The petition against Michael Schroeder
and Schroeder Drugs requested a court order for past due rent in
the amount of $70,740, payment of rent accumulating during the court
proceeding, taxes and insurance, and eviction of the business from
the property.
According to the city’s petition, the pharmacy has occupied
a portion of the city-built medical center since April 14, 2006,
and the drugstore’s occupancy is pursuant to an agreement
to lease dated Dec. 21, 2004.
Schroeder’s counterclaim, filed in district court Nov. 4,
agrees the pharmacy had occupied the building since 2006, but denies
the existence of a lease relationship with the city. The counterclaim
admits Schroeder Drugs has refused to pay rent, citing the lack
of a lease, but also notes no rent was requested or demanded for
the years 2006 and 2007.
“Defendant admits that starting in 2008, plaintiff has made
demand on defendant Schroeder Drugs for amounts allegedly due under
a claimed lease,” the court document reads.
The city’s petition said, “Defendant was notified and
advised of the monthly rental amount and terms for leasing the premises,
but Defendant has failed and refused to pay any amount for leasing
of the premises.” The petition states an amount of $2,358
as the monthly lease payment, and also requests payment of an insurance
premium in the amount of $14,610.
Both parties agree Schroeder had expressed a desire to purchase
the property, the city claimed no agreement had been made for the
sale. In the counterclaim, Schroeder denies “the allegation
that there is no agreement for the sale or purchase of the real
property.”
In the claim for damages incurred by the pharmacy, Schroeder states
a purchase contract exists. As such, “Defendant Schroeder
Drugs has suffered damages as a result of the breach by the plaintiff,”
the counterclaim says. Also claimed are damages suffered due to
the city’s “promises to defendant Schroeder Drugs to
sell the real property …”
The pharmacy requests an amount in excess of $75,000 as relief for
the damages.
In a request for injunctive relief, Schroeder asks the court to
allow until Feb. 15 for the pharmacy to vacate the property, saying
prescription customers are not party to the action, and hundreds
of prescriptions would be disrupted if the pharmacy is required
to vacate before that date.
In a pre-trial order issued Nov. 17, District Court Judge Phillip
M. Fromme set the trial for Jan. 22-23, to be held in Coffey County
District Court. The judge’s order states the defendants have
agreed to move from the city’s property. Fromme also ordered
that Schroeder Drugs will pay $2,358 monthly while still in possession
of the property.
Osage City Manager Nick Hernandez confirmed last week that Schroeder
had paid the rent amount for October and November.
In his order, Fromme said the issues to be considered at the February
hearing will be the amount owed by Schroeder for rent and expenses
for the period the building was occupied, and the defendants’
counterclaims. |
|
|
|
