YOUNGSTOWN, Ohio - The developer of the proposed Chill Can plant on Youngstown's Eastside has hired an attorney and plans to fight any legal action the city takes claiming the company hasn't held up its end of a deal and has left taxpayer dollars tied up in an uncompleted project.

After months upon months of missed deadlines for both construction and hiring, city leaders told the developer of the Chill Can Plant, Mitchell Joseph, his company has 60 days to meet benchmarks promised or the city would see them in court.

The M.J. Joseph Development Corporation (MJJDC) has now hired an attorney.

"The legal process would bogg this project down for years to come," said Brian Kopp or Betras, Kopp and Harshman. "The best thing to do is to put joint resources towards the completion of this project."

Kopp will represent the company. He said Joseph has every intention of finishing the project.

"The city spent one million dollars in grant money. Mitchel Joseph spent on behalf of his companies - out of pocket, these are not bank finances, these are capital expenditures by his own companies - of approximately five-million dollars," said Kopp. "He has no intent of walking away from this project because it's money burned."

The city has said the company has not held up it's end of a bargain after getting grant money to help move the project along and a ten year tax abatement.

The company has blamed delays on the Covid-19 pandemic. Yet, the original plan was for the facility to open in the fall of 2019. Kopp points to delays in initial site development.

"The city grant by early studies showed it would be enough to get the site construction ready weren't even close," said Kopp. "And Mitchel Joseph hasn't complained about that. He's asked for nothing but time. He has not asked for more money."

Kopp though was still unable to provide an estimated time of completion, but said the company would work diligently with the city to put deadlines in place and said the project was moving forward.

"They are in the process of taking the next step, which is financing for the equipment that will put this plant to use," said Kopp. "In the pandemic, what is very important to know is that global supply chains were broken. This equipment isn't coming from the state of Ohio that's needed for the manufacturing situation."

Youngstown's Law Director, Jeff Limbian, said city officials will meet with the company Friday but unless hundreds of jobs appear, the city will see the company in court.