A judge has denied South Bend Chocolate Company founder Mark Tarner’s request for an immediate injunction to stop a new company from selling concessions at the South Bend International Airport.
After a decade, South Bend Chocolate Company’s contract in the airport ends Monday. The airport authority board opted to bring in a new concessionaire, South Dakota-based SkyDine, which contracts with airports nationally.
Tarner earlier this month filed suit, arguing the airport broke the law by favoring SkyDine in the bidding process. He sought an injunction to stop SkyDine from coming in until the lawsuit is resolved.
But on Tuesday St. Joseph Superior Judge Jenny Pitts Manier ruled that the airport would suffer greater harm by having no concession operator than South Bend Chocolate Company would suffer without an immediate injunction.
She also wrote in her order that she doesn’t think Tarner is likely to win the case.
The airport issued a statement saying the ruling ensures that SkyDine will be able to start serving passengers on Monday with no gap in service.
The airport has said SkyDine’s proposal “includes a mix of local and national brands offering a broader range of options for travelers.” These include two full-service The Lauber restaurant locations — that's a local restaurant — two new Dunkin’ locations; a Jimmy John’s; a new burger and beer concept; and expanded retail offerings featuring a wide range of local vendors.
Airport spokeswoman Julie Curtis said construction on the spaces not occupied now by South Bend Chocolate began in March, and the eateries will start opening by mid-summer as construction finishes.
Tarner issued a statement vowing to continue the case, saying, “Just that one decision will affect our local economy. We import our coffee beans through a South Bend-based importer. Our employees roast and bag it across the bypass from the airport. Local jobs and taxes lost forever. I don’t think the airport thinks local or cares about South Bend as a brand and a community.”
