The City of Youngstown has filed a motion on Tuesday for summary judgment in its case against the developers of the Chill Can plant.

In early April 2022, the city had asked for an extension of time for discovery and to file Dispositive Motions.

Then, on May 11, the city was told during a phone conference with the Mahoning County Court of Common Pleas to file a request for leave to file its motion for summary judgment. That motion was filed on May 24.

According to the motion, the reason for seeking leave after the deadline is not due to the city's lack of diligence, but because the city was trying to get discovery, which the plaintiff, Mitchell Joseph and his company are refusing to provide.

The city is asking a judge to rule that the city is entitled to a $1.5 million refund for the grant money they had given Joseph's company, as the company has not met any of the deadlines to move forward on the project.

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