A LEGAL battle is looming between a council and a cafe owner.

Dennis Mack was on the brink of bankruptcy when Middlesbrough Borough Council closed Stewart Park, for 15 weeks, to protect its zoo animals during the foot-and-mouth crisis.

His business, Den's Diner, is in the middle of the park. Cut off from his trade, the 55-year-old had to close the business and lay off six members of staff.

Spending what reserves he had, Mr Mack claims he was forced to borrow from friends to stay solvent.

Councillors are being recommended by their officers at a meeting today to refund Mr Mack fees of £238, plus a debt of £849, accrued through non payment of fees during the period the park was closed.

However, Mr Mack says at a conservative estimate the council owes him £27,000 and by closing, the park was in breach of contract

"We are going to have to look at litigation, I think it's the only option,'' he claimed. "There is no doubt about us having grounds for the claim, simply because of a breach of contract on the council's part.

"It states quite categorically that the park will be open 52 weeks of the year.

"We are looking to recover £27,000, which for a small company like us is a big, big hole, especially when you consider we took over this place when it was absolutely dead."

Last year's record wet summer hit his business, allowing him to just break even. But with three quarters of this year gone, he says he will be working for nothing for the rest of this year.

He said he wrote to the council with his claim for £27,000, but describes the reply he received as "amateurish".

Mr Mack was aware of the recommendation that councillors will be discussing today, but is not impressed, saying no one can be expected to pay rent for a facility they are unable to use.

Middlesbrough council stands by its decision to close the park, insisting it took the action on advice from both the Department of Environment and Agriculture and its own vets, to safeguard the well being of the animals in the park