Chill-Can Developer Appeals Ruling in MS Consultants Lawsuit
YOUNGSTOWN, Ohio – Attorneys representing the developer of the stalled Chill-Can project have appealed an earlier court ruling that found the developer must pay engineering firm MS Consultants Inc. $322,907 for work the company did on the project.
M.J. Joseph Development Corp. filed a notice April 20 in Mahoning County Common Pleas Court that it would appeal Judge Maureen Sweeney’s decision to award MS Consultants $322,907.54 plus 18% interest calculated since Oct. 5, 2018, according to court documents.
MS Consultants, based in Columbus and with offices in Youngstown, filed a complaint in January alleging that M.J. Joseph Development Corp. is in breach of contract and has yet to pay the company $322,907.54 of a $614,829.21 bill for services rendered, according to court papers.
The court issued a default judgment in favor of MS Consultants on March 20, citing that M.J. Joseph had failed to answer the complaint or plead by March 13 – the deadline that was awarded the defendant after it requested an extension to file a response.
Attorneys for M.J. Joseph filed a motion March 27 asking the court to vacate its ruling, arguing that plaintiffs in the case failed to provide proper notice and service to the defendant.
The Seventh District Court of Appeals will hear the appeal, according to the filing.
M.J. Joseph Development Corp. announced in 2016 that it would build a $20 million campus to produce self-chilling cans.
The project remains unfinished and is the subject of litigation with the city.
Sweeney in November upheld a magistrate’s decision that ordered M.J. Joseph to pay back the city $1.5 million in grant money it received for the project, citing breach of contract.
This week, the city filed motions asking the court to order sanctions and a default judgment on $733,480.80 in additional damages it is seeking related to the stalled project.
Copyright 2024 The Business Journal, Youngstown, Ohio.
