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February 18, 2016

Rockland Bistro eviction overturned in Superior Court

A Superior Court justice has overturned a lower court eviction order issued to a bistro located in downtown Rockland following a dispute over terms of its lease.

The eviction order issued in October against 3Crow Restaurant by its leasor, 449 Main Street LLC, contended that the restaurant failed to pay 50% of the propane costs for the location.

3Crow owner Joshua Hixson had provided a payment for the propane expense, which noted that it covered 13% of the utility bill — the amount the restaurant owners believe covered their share of their expense, according to The Bangor Daily News.

The lower court ruled that the failure to pay the 50% was in breach of the lease terms and that 449 Main Street LLC’s principal owner, Richard Rockwell, was to receive accelerated payments for the remaining 10 years on the lease in addition to legal fees totaling $250,000.

Superior Court Justice Michaela Murphy found during a ruling that the amount paid by 3Crow didn’t violate lease terms, and that the accelerated payments were not necessary.

3Crow has been leasing the Main Street location from 449 Main Street LLC since 2012 and remained open during the court proceedings.

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