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Olivieri won't pull up steaks

He reopens at Reading Terminal Market; management sues

Armed with Cheez Whiz and hot peppers, Rick Olivieri opened Rick's Steaks in Reading Terminal Market yesterday morning, despite orders to shut down at the end of July.

Just after the market opened at 10 a.m., Olivieri was handed a written notice that his lease had expired. And before the end of the day, the market filed a complaint in Common Pleas Court seeking his eviction.

So the grease fight now will play out in court. Olivieri filed his own complaint earlier this week, saying he had been promised a lease and asking to remain in the store his family has run for 25 years.

Yesterday afternoon, a weary Olivieri repeated the phrase that has become his mantra.

"I'll be here tomorrow and 25 years from now," he said.

But market management spokesman Kevin Feeley said that Olivieri was out and that he should pay damages for overstaying his welcome.

"There is no free lunch. In our view he is a holdover tenant as of today," Feeley said. "The terms of the lease he did sign make very clear there are financial penalties for every day he holds over."

As the battle dragged on, Tony Luke - owner of the sandwich franchise the market wants to install in Rick's place - jumped into the fray.

Luke put out a news release saying that he doesn't have a lease yet and that he has never been told he would be replacing the long-standing cheesesteak stand.

"My discussions with the Reading Terminal Management were very general and preliminary at best," said Luke in the release. "And in those discussions, the status of Rick's Philly Steaks was never even mentioned."

Feeley said Luke was right.

"We have a letter of intent. He's made it clear he doesn't want to complete negotiations until after this business with Rick Olivieri is cleared up," Feeley said.

Other merchants in the market remained concerned yesterday about Olivieri's plight. Michael Holoman, interim president of the merchants' board, said the board had discussed having the merchants put their rent in escrow to send a message to management.

"We firmly stand behind Rick," he said. "We hope we can work this out."

Olivieri's complaint argues that the market targeted him as a "troublesome tenant" because of his efforts representing the merchants' association during contract talks. The complaint seeks a new lease, and damages in the excess of $500,000. Olivieri's attorney, Bill Harvey, said Olivieri had an oral understanding with management that should be honored.

"Our position is that we do have a lease; it's just not in writing," he said. Management has maintained that Olivieri did not want to sign the current lease.

The Reading Terminal Market Corp. is a seven-member volunteer board. The members are appointed by the Convention Center, the Preservation Alliance for Greater Philadelphia, the Reading Terminal Market Preservation Fund and the merchants' association.

City Councilman Frank DiCicco and Commerce Director Stephanie Naidoff also designate a member. Neither DiCicco nor the mayor's office returned calls for comment.

According to Olivieri's complaint, the board voted 6-1 in favor of not renewing his lease. His only supporter was Paul Madden, who represents the merchants. *