Youngstown asks for sanctions against law firm in Chill-Can suit - WKBN.com

YOUNGSTOWN, Ohio (WKBN) — Lawyers for the city asked for sanctions against the law firm representing the owners of the vacant Chill-Can plant in a lawsuit against the city.

In a motion filed Tuesday in Mahoning County Common Pleas Court, lawyers representing the city said that sanctions are required because lawyers representing the plant have failed repeatedly to provide necessary documents that the city has requested.

Owners of the plant on the East Side between the Madison Avenue and Himrod Avenue expressways, which has stood vacant since ground was broken in 2016, filed suit against the city in May after city leaders threatened to file a lawsuit to get back city funds used to help construct the plant.

The M.J. Joseph Development Corp. claimed in its May complaint that the project remains on track but has remained sidetracked because of a variety of issues, including supply chain problems and the COVID-19 pandemic and the city has no right to recoup any of the grant money used in construction.

In their motion filed Tuesday, attorneys for Manchester, Newman and Bennett, who are representing the city, said they have made numerous requests to the company for months and those requests have been ignored.

The motion says the city agreed to delay the process earlier this year because of weather and even called opposing counsel to see if they would respond, but they never took the call or replied.

At a Feb. 7 hearing before Magistrate Dennis Sarisky, the motion said the M.J. Joseph Development Corp. was given seven days to respond, and if the company did not, the city could then file a motion asking for an order for the documents to be produced as well as sanctions.

Some of the sanctions could include the dismissal of the complaint, the city’s attorneys wrote, as well as attorneys fees.

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source: https://www.wkbn.com/news/local-news/youngstown-asks-for-sanctions-against-law-firm-in-chill-can-suit/

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