Friday, June 19, 2015
YOUNGSTOWN
The struggles of the Oakland Center for the Arts have spawned a legal spat between the theater and its former landlord, Ballet Western Reserve.
In a complaint filed this week, the Oakland levels charges of theft of property against BWR, claiming it padlocked the premises and will not allow the theater group to retrieve its property. It seeks $75,000 in damages.
BWR’s director has responded by saying the Oakland would be allowed to retrieve its property at any time mutually agreed upon, adding she has been trying to get the Oakland to do just that for months.
The Oakland left its third-floor space in the Morley Building, 240 W. Boardman St., downtown, in March after falling behind on its rent. At that time, the rental contract was ended.
The financially troubled theater canceled the remainder of its season, as well as the 2015-16 season, and said it would attempt to regroup.
It left its theatrical equipment, including lighting and a sound system, in its Morley Building space, which subsequently was padlocked by BWR.
Atty. Matthew Giannini, representing BWR, served a notice to the Oakland board of directors June 12 requesting it make arrangements and then remove all property from the building by June 15, and threatening eviction proceedings if it fails to do so.
The Oakland did not remove its property. Instead, Atty. Kim Akins, representing the Oakland, responded by filing a complaint Wednesday with Mahoning County Common Pleas Court claiming BWR’s padlocking of the Oakland’s space amounts to an illegally implemented eviction because a three-day notice, or a notice of default, was not first provided.
The Oakland’s complaint goes on to claim BWR has converted the Oakland’s property to its own use and is therefore guilty of theft by deception. This action, the complaint states, also maliciously interfered with the Oakland’s ability to do business and has made it impossible for the theater to sell the equipment to alleviate its debt.
In addition to $75,000 in damages, the Oakland also is seeking damages for the theft and wrongful-eviction counts, attorney fees, court costs and an order to bar the transfer of the Oakland’s property.
Read MORE in Saturday's Vindicator.