ROCKLAND, Maine — A state judge on Friday sided with the owner of a downtown building and ordered the eviction of a restaurant as well as payment of more than $250,000 in rent and legal fees.
The 3Crow restaurant owner Joshua Hixson said Friday that he would appeal the decision to state Superior Court and was extremely confident he would prevail. He said that 3Crow had done nothing wrong and he would fight to the highest court.
The restaurant, which had a 10-year lease for space at 449 Main St., has been at that location since December 2012.
Richard Rockwell, who owns the building and is the principal of 449 Main Street LLC, filed a lawsuit Aug. 28, saying the restaurant was in default on its lease. He asked the court to order the eviction and for the rent for the full life of the lease to be paid. He argued that a default on the lease called for the total of lease payments for the entire 10-year period.
A notice of termination of the lease was sent to 3Crow in June, but the restaurant has not moved out, according to the lawsuit states.
Judge Patricia Worth issued her ruling against 3Crow on Friday in Knox County Unified Court. Besides ordering the eviction, Worth said 449 Main Street LLC was entitled $36,000 in rent, $220,000 in accelerated rent and $7,000 in legal fees from 3Crow.
Hixson’s attorney, Patrick Mellor, said he will file to have the eviction order stayed during the appeal.
Rockwell, who owns several downtown properties, and 3Crow also have been in a legal battle since May when Rockwell filed a separate suit seeking to review the financial records of the restaurant, according to court filings. That suit states that Rockwell, who is represented by attorney Lee Bals, has a 25 percent ownership share in the restaurant.