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Oakland Center and Ballet Western Reserve in legal spat
By GUY D’ASTOLFO
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.
Sabrina Shapiro, president of the BWR board of directors, said the Oakland has not been cooperative in answering repeated requests that it remove its property.
“We have called and emailed them numerous times to get out,” said Shapiro. “They generally do not respond. The only dates we told them wouldn’t work was Memorial Day weekend. It has been very frustrating.”
Shapiro said BWR is still amenable to unlocking the building so the Oakland can remove its property.
“As long as it’s a mutually agreed upon time, of course they can get their possessions out,” she said. “Again, we have been trying to get them to do that for months.”
BWR has been soliciting interest from other parties who want to lease or rent the theater space once occupied by the Oakland. It has received a number of responses, including one from a consortium of groups interested in showing specialty and classic films there on a regular basis.
Akins said the Oakland hopes to settle the issue and regain its equipment.
“The Oakland theater is still committed to an amicable resolution of this matter,” said Akins. “Any resolution which gives adequate time to remove their items and without unreasonable conditions on the removal would be acceptable.”