Nip Impressions logo
Thu, Mar 28, 2024 16:07
Visitor
Home
Click here for Pulp & Paper Radio International
Subscription Central
Must reads for pulp and paper industry professionals
Search
My Profile
Login
Logout
Management Side
Businessman who tried to buy Old Town mill continues lawsuit

OLD TOWN, Maine (From news reports) -- A Cape Elizabeth businessman who tried unsuccessfully to purchase the Old Town mill wants compensation for his efforts to line up the failed deal.

Samuel Eakin, of Cape Elizabeth, and two companies he manages are seeking unspecified damages related to the mill's sale through a lawsuit filed in Cumberland County Superior Court in Portland.

Eakin originally filed the suit in November 2017, aiming to block former mill owner MFGR from selling the property to another buyer. It alleged that MFGR had an enforceable agreement to sell the mill to Eakin and his two companies. The complaint also included parties related to that sale.

Judge Michaela Murphy, in the Superior Court's Business and Consumer Court, on Jan. 31 ruled against Eakin on the motion to block the mill's sale, as well as an antitrust claim. However, she asked Eakin and his attorney, Clifford Ginn of Scarborough, to provide a more definitive statement for other motions in their complaint.

On Feb. 12, Eakin and his companies, Old Town Utility & Technology Park and Relentless Capital Co., filed a 51-page amended version of their civil lawsuit, along with seven exhibits to back up the seven-count claim. The updated filing includes details about the alleged breach of contract by MFGR and "unjustified enrichment," meaning MFGR benefited from work Eakin did to improve the mill.

In addition to claiming a breach of contract by the mill's previous owner and related parties, they seek damages for time and money they spent to line up tenants, and financing and development partners for the mill.

Eakin and his companies were proposing to resurrect the pulp mill. Ginn said over the long term, his clients expected the pulp mill and associated sawmill and chip mill operations to be the primary revenue driver for the facility. Selling power and steam to the University of Maine and warehouse rents were to be secondary.

In the updated complaint, Eakin and his companies claim that as a result of MFGR's alleged breach of contract, they suffered damages from the value of buying the mill, from being excluded from a lucrative bid to supply energy to the University of Maine and from the time, money and resources spent to pursue the purchase of the mill.

They are seeking money, interest, legal fees and other remedies the court might find suitable.

"They brought this suit to be made whole after those opportunities were wrongfully taken from them, and in hopes of still creating those pulp mill jobs and preventing the current high-cost approach to powering the university," Ginn said. "Their claims will go to trial for damages now, but their concerns with antitrust and bid process manipulation will have to be addressed through public scrutiny."

The trial is scheduled for November. In the meantime, the parties will gather evidence and experts to testify.

Daniel Mitchell, an attorney at Bernstein Shur in Portland who is listed in court documents as representing MFGR and its related parties, was not immediately available for comment Tuesday.

It is unclear what, if any, impact the continuing lawsuit will have on the mill's redevelopment.

Another company, OTM Holdings, bought the property on Jan. 31 and said it plans to attract tenants that will use low-grade fiber from the forestry industry to produce wood-fiber products.

The mill, located at 24 Portland St. in Old Town, opened in 1860 as a sawmill and has since had various owners.

****

EMPLOYMENT OPPORTUNITIES:

* An expanding company is looking for a Corporate Industrial Electro-Mechanical Engineer near Allentown, PA. Relocation is available. Do you have a storied list of unique electrical and mechanical engineering skills you're ready to take to the next level? Do you envision yourself in a corporate-level leadership role that your experience finally merits? And do you relish any opportunity to troubleshoot and solve real-time problems, all while designing and installing new services and systems that will not only ensure safety, but also turn a potentially hazardous work environment into a continuously thriving one? If you are interested or would like more information, please contact Jim Thompson at: jthompson@taii.com Ph. 678-206-6010 Cell: 404-822-3412.

* An expanding company is looking for hands-on Electro Mechanical Maintenance Techs in Conyers, Georgia. Preference will be given to candidates with higher education and additional certificates or training. You must be able to work any shift. Pay is negotiable with excellent perks and benefits. Relocation assistance is available to the right candidate. If you are interested or would like more information, please contact Jim Thompson at: jthompson@taii.com Ph. 678-206-6010 Cell: 404-822-3412.

* Working as a Consultant? Looking for some additional challenges with a flexible scheduling? Have a background in Consistency Control? This may be just the opportunity you are looking for: A large multi-national automation company seeks an expert in paper mill consistency technology. This individual will facilitate application support and start-ups in the paper mill environment. In addition, the ability to provide troubleshooting and technical advice and support is strongly desired. The individual should have an understanding of rotary, blade, microwave and optical consistency and the application of these devices in the paper mill. The company sells and maintains a line of consistency transmitters, sample valves and sheet break detectors. These products are marketed in the US through a rep. network. Knowledge of sheet break detection technology is also desirable. Individual must be willing to travel to paper production facilities across the US. Travel & Living Expenses to be reimbursed along with an agreed upon daily per diem rate. For more information, please contact Jim Thompson at: jthompson@taii.com Ph. 678-206-6010 Cell: 404-822-3412.

****

Jim Thompson is back again...with a new book on a taboo subject: the personalities in the pulp & paper industry. Jim has written in the past on many subjects based on his four plus decades in the worldwide pulp and paper industry. This new book is packed full of information valuable to the senior member of the industry as well as the recent entrant. A must for every pulp and paper library.


Printer-friendly format

 





Powered by Bondware
News Publishing Software

The browser you are using is outdated!

You may not be getting all you can out of your browsing experience
and may be open to security risks!

Consider upgrading to the latest version of your browser or choose on below: