PHILADELPHIA - The owner of a cheesesteak shop with family ties to the inventors of the famous sandwich has filed suit against a historic farmer's market that plans to replace his restaurant with another cheesesteak shop.

Rick Olivieri, owner of Rick's Philly Steaks, vowed Monday to fight the eviction of his 25-year-old shop from 104-year-old Reading Terminal Market, which is underneath what was once a massive train station.

"As far as I'm concerned, my lawyer feels that I have a lease and so I'm going to stay here," Olivieri said.

Board members voted last month not to renew Olivieri's lease and reaffirmed that decision last week. They plan to bring in another local chain, Tony Luke's Old Philly Style Sandwiches.

Rick's was originally ordered to leave Tuesday, but Olivieri said that date was pushed back and no new date has been set. A market spokesman declined comment on when Olivieri would have to leave.

Olivieri, 42, has accused the board of retaliating against him because he clashed with management in the seven years he was president of the market's merchant association. Market officials have denied that and said they are seeking to bring in a "premier cheesesteak shop."

The suit accuses General Manager Paul Steinke and Ricardo Dunston, chairman of the market corporation, of conspiring to deny Olivieri a new lease after orally agreeing to one.

"In order to terminate him, he would've had to prove to be a disruptive force in the market," said Bill Harvey, Olivieri's lawyer. "None of the grounds are applicable in Rick's situation."

Kevin Feeley, spokesman for the market's board, said Olivieri had been on a month-to-month lease since his last lease expired in June 2006. He declined comment on the specifics of the suit, saying he had not seen the document.

"Given what's occurred over the last month in the case of his apparent strategy of generating headlines and pretty much dealing with this case in the press, we're disappointed that he's chosen to make a public spectacle again," Feeley said.

Olivieri is the grandson of Pasquale "Pat" Olivieri, who co-founded the first cheesesteak shop with his brother in 1933.

Some other merchants expressed support for Olivieri at Monday's press conference.

"This market has survived two wars and a depression. But it's never had this," said Charles Giunta, 82, of Martin's Quality Meats and Sausage.

David Esh, owner-operator of Hatville Deli and a representative of the market's Amish merchants, said the 19th Annual Dutch Festival scheduled for Aug. 8-11 had been canceled in protest.

"Dutch Fest is a celebration and, quite honestly, we are not in a mood to celebrate," he said in a statement.

The current merchants association president, Michael Holoman, said he couldn't believe Olivieri was being pushed out after having worked at the shop since he was 16.

"The great majority of merchants have come forward and said, 'We want to see Rick Olivieri here for another 25 years,'" Holoman said.

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On the Net:

http://readingterminalmarket.org

http://www.rickssteaks.com

http://www.tonylukes.com