New motion from Chill Can plant developers
The latest motion in court over the legal battle between the Chill Can plant and Youngstown could impact how much Mitchell Joseph's company would end up owing.
Attorneys representing Joseph's company are now asking the judge to issue a summary judgment based on what Chill Can owe if the court finds Joseph's company breached their contract.
As it stands, the city is asking Chill Can developers for about $4 million dollars of grant money and remedies to be paid.
While Chill Can still argues they did not breach the contract, Attorney Brian Kopp said this depending on the ruling, this new filing would mean the most Chill Can has to pay is tax owed to the city if, not the additional millions.
"Our purpose now with this motion is to limit the scope of litigation so that chill can move forward with the Joseph development company can move forward and finish this project and get going," Kopp said.
Kopp said the litigation is stopping the project from moving forward, but Youngstown Law Director Jeff Limbian said the city does not think there will ever be a Chill Can plant regardless, so they aren't backing down.
"Mitchell Joseph has made hollow promises and promise after promise he has not kept, deadlines he has not kept," Limbian said, "We believe the project is never moving forward and the mayor wants our $4 million dollars back and want the city's property back."
Kopp said, "The Joseph company put over $4.5 million of their own treasure into the Youngstown area. nobody, no sound businessman, just walks away from that."
Attorney Kopp says if the judge rules in Chill Can's favor on the latest motion, Joseph is open to discussing a settlement with the city.
Limbian said unless Joseph makes a "seismic move to be reasonable" he doesn't see a resolution.