Chill Can: Youngstown not due any damages
The back-and-forth legal battle continues between a developer and the city of Youngstown over a stalled project on the city’s East Side.
M.J. Joseph Development Corporation has filed a court document asking a judge to throw out the city’s counterclaim alleging that the developer hasn’t held up its end of the deal to build its Chill Can plant, tying up taxpayer dollars.
Joseph says events causing construction delays were unforeseeable and beyond the company’s control.
The motion further claims that Youngstown is not entitled to damages because any problems have been caused by the city or third parties.
The developer says the city has failed to exhaust other remedies prior to going to court.
Alleging a breach of contract, Youngstown not only wants $2.2 million it has invested in the project but a return of the property where several buildings have already been constructed.
Ground was broken in 2016 on the project to build a plant that would manufacture self-chilling beverage cans.