Chill-Can lawyers seek to withdraw

Markota, Kopp did not offer reason for their departures

YOUNGSTOWN -- The attorneys for the stalled Chill-Can plant asked judges in three different cases pending against their client to permit them to withdraw as legal counsel.

Justin Markota and Brian Kopp have represented M.J. Joseph Development Corp. since legal action against the Chill-Can owners commenced in May 2021.

Markota filed similar motions with two Mahoning County Common Pleas Court judges and the 7th District Court of Appeals requesting that he and Kopp be permitted to withdraw as legal counsel.

The motions didn't give a reason for the withdrawal request. Markota and Kopp didn't respond Friday to requests for comment.

The three motions all state: "The Ohio Rules of Professional Conduct allow a lawyer to withdraw from representation if it can be accomplished without material adverse effect on the interests of the client."

The motion in the two common pleas cases adds: "Withdrawal can be accomplished without material adverse effect on (M.J. Joseph's) interests as the case is not presently set for trial."

In the appeals case, it states withdrawal wouldn't impact M.J. Joseph's interests "as no previous extension of time has been granted for the filing of appellant's brief."

The $18.8 million proposed project broke ground in November 2016 and was supposed to be in full operation by 2018 to produce the world's only self-chilling beverage can.

The project was supposed to be a key part of the revitalization of the city's lower East Side. Instead, there are three unfinished buildings on the 21-acre site.

In one common pleas case, the city of Youngstown is seeking the property as well as money it gave M.J. Joseph.

The city already has rulings in its favor from the court to have $1.5 million returned to it from water and wastewater grants for the project as well as a sanctioned amount of $733,480.80 -- $414,948.09 the city spent on acquiring 15 properties brought for the project, which also included relocation expenses, and $318,532.71 in demolition and abatement costs.

Lou D'Apolito, the city's interim law director, said he expects the court to grant the withdrawal.

"It's going to put a pause on the case until another attorney is hired," he said. "There are several motions pending. I hope he's given a deadline to hire counsel."

D'Apolito was referring to Mitchell Joseph, the head of M.J. Joseph.

The city filed the $2.8 million breach-of-contract lawsuit June 17, 2021, contending the company failed to live up to its promises to develop the site.

Knowing the city's lawsuit was coming, M.J. Joseph and Joseph Manufacturing Co. Inc., a sister company, filed a May 24, 2021, lawsuit against the city to stop it from reclaiming the $1.5 million in grants. That suit also contends the city doesn't have any legal rights to money, property and buildings.

In a March 29, 2021, certified letter, the city informed Joseph he had 60 days to construct a number of buildings and hire about 150 workers or it would file a lawsuit. The city followed through June 17, 2021,with the lawsuit that was postponed because of the Joseph legal action.

The other cases were filed by MS Consultants Inc. for a $322,908 breach of contract against M.J. Joseph that is in front of the 7th District Court of Appeals and a foreclosure sought by MS in common pleas court.

A common pleas judge already ruled in favor of MS on the breach of contract and was appealed by M.J. Joseph.

In the appeals court case, Luther L. Liggett Jr., an attorney representing MS, asked that Markota and Kopp not be permitted to withdraw from the case "until considering the effect of failing to file appellant's merit brief and designating substitute counsel."

Markota and Kopp were supposed to file a brief in that case by Wednesday and failed to do so. Because of that, Liggett brought up that the court is permitted to dismiss the appeal by M.J. Joseph.