Rockland restaurateur files two counterclaims against business partner

Mon, 07/06/2015 - 1:30pm

    ROCKLAND – Joshua Hixson, of Rockland, has filed two counterclaim lawsuits June 22 and June 23 in Knox County Superior Court in response to the civil suit Richard Rockwell, of St. George, who is a part owner of 3Crow Restaurant and Bar in Rockland, filed in Knox County Superior Court on May 26. Rockwell claimed that his business partner has not allowed him to review the business’ books. 

    According to the court document, the first counterclaim of the defendant, Hixson, claims defamation, slander, and that Rockwell is representing him in a false light by giving publicity to a matter that alleges he is dishonest and has acted criminally. 

    In the counterclaim of defendant 3Crow, Hixson is claiming that Rockwell is liable for fraud including that he willfully and persistently breached the 3Crow operating agreement and his duties under applicable statues and laws. In both counterclaims, Hixson is requesting the Court grant 3Crow damages, including punitive damages and reasonable attorney’s fees and costs and other necessary and appropriate relief, according to the court document.  

    Hixson owns the majority of the business at 75 percent and Rockwell owns the remaining 25 percent, according to court documents.

    According to documents, Rockwell claims that Hixson is violating their business agreement since he will not allow him to review the business books and records of the restaurant.

    The suit further states Rockwell is claiming breach of contract, and breach of fiduciary duty by the defendant.

    Rockwell is asking for a court order to access the business records for inspection and copying, along with the cost of his suit, attorney fees and other damages the court deems appropriate.

    Hixson opened the restaurant in 2013 on 449 Main Street in Rockland and named after its location in the former Three Crow Spice building. 

    Attorney Lee H. Bals of Portland is representing Rockwell in the lawsuit. Attorney Michael A. Hodgins of Augusta is representing 3Crow in its counterclaim and Attorney Patrick J. Mellor of Rockland is representing Hixson in his counterclaim.

    Sarah Shepherd can be reached at penbaypilot.com