The city granted Fleming’s new management company a provisional liquor license on April 19 but rescinded it Friday.

Assistant City Attorney Jennifer Zilavy said she agreed to the temporary license because Fleming told her the jointly owned management company had been evicted from the Orpheum building. But Fleming’s eviction lawsuit is pending in circuit court.

“It has come to my attention that this did not happen,” Zilavy said in a letter to Fleming. “In fact, at the time you obtained the provisional license you were well aware that the eviction had not taken place and would not be taking place anytime in the immediate future.”

Fleming insisted on Monday it was a misunderstanding. He said that even though the eviction wasn’t approved in court, he terminated the lease with the old management company, clearing the way for him to take over operations. Doane said Fleming can’t terminate the lease unilaterally, because the two of them own the property jointly.

Ongoing feud between partners