Lawsuit filed over development near new bridge
By JEFFREY SAULTON jsaulton@newsandsentinel.comPARKERSBURG - A lawsuit naming a local chiropractor and a restaurant as defendants has been filed in Wood County Circuit Court.
Attorneys Eric K. Powell and James C. Powell filed the suit Sept. 25 alleging Dr. Michael William Johnson and Western Sizzlin' LLC conspired to misrepresent and misinform them about a development near the Blennerhassett Island Bridge.
In the suit, they allege Johnson had an employee lure potential business to him. Johnson did not pay the employee a salary but a finder's fee, the suit states. Johnson had a partner who was a family member, the suit states, who was aware of the employee and Johnson, by his actions or inaction, approved the methods.
The partner has come forth and claimed to the plaintiff he disagreed with the tactics used, the suit states. Johnson made false representation to induce them to purchase an interest and provide income to the Endurance Group LLC, the lawsuit states.
In addition they allege Johnson misrepresented how much he invested. The statements were made to procure payment from the plaintiffs, the suit stated.
They also allege property was sold below market value to Johnson's corporation and they kept all the assets under the name of Western Sizzlin' LLC. They state the wording of a deed on Sept, 25, 2007, clearly shows Johnson conspired in the taking since it was dated July 17, not Sept. 25.
Johnson never provided the plaintiffs with a copy of the deed and the Wood County clerk's office was instructed to send the deed to Western Sizzlin' LLC at Johnson's business address, the suit states. Johnson deliberately and intentionally failed to perform his duties of the Endurance Group, LLC in an attempt to harm the plaintiffs and personally benefit, the suit said.
They state Johnson gave the employee incorrect information regarding his financial situation and the land swap at Neal Run is evidence Johnson and Western Sizzlin' knew they had taken the property, the suit states.
Causes of action were listed as grand larceny, false pretenses, falsifying accounts, conspiracy, embezzlement, obtaining property pursuant to fraudulent scheme, false statement as to financial condition of a person, firm or corporation, publication of false advertisement, fraud, gross fraud, fraud and deceit to induce, breach of contract, negligence, negligent supervision and representations, breach of duties and of fiduciary duties, fraudulent conversion, fraudulent conveyance, consumer protection allegation, breach of limited liability corporation agreement.
In the end they asked for compensatory damages, punitive damages, costs, attorney fees, equitable damage including reimbursement for allegedly illegally taking property where the Western Sizzlin' is located or an appropriate distribution of profits from the defendant. They asked the court to declare the transfer of real estate set forth in the deed on July 17 is fraudulent and should be set aside, and other damages and relief the court may allow.
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Mountnear
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10-11-08 11:49 PM
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Good point and good answer
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serenity
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10-11-08 9:53 PM
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Indulgence in two of the Deadly Sins? Greed and Lust?
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Mountnear
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10-11-08 6:59 PM
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nonesuch/serenity...you may be closer to the fact that you know.Depends on what you call"self indulgence"
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JCB1964
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10-11-08 5:41 PM
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Eric Powell doesn't like the young'uns? Hasn't Eric Powell done some time for this, also?
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serenity
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10-11-08 12:33 PM
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Nonesuch; It wouldn't be because a certain party's known reputation for, let's call it, "self indulgence" would it?
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Kristine
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10-11-08 12:27 PM
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Lawyers wanting to make another buck....Shocker!
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nonesuch
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10-11-08 11:25 AM
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I'm not going to give my reasons why, but as soon as I saw the first blurb on this development, I knew it would end up in some kind of fiasco. Sure Enough!
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