ROCKLAND – Another lawsuit has been filed by the part owner and landlord of 3Crow Restaurant and Bar in Rockland against his business partner, Joshua Hixson, seeking eviction for unpaid rent of more than $237,000, according to the court documents. 

Richard Rockwell, of St. George, and owner of 449 Main Street LLC, filed the civil action Aug. 28 against 3Crow Restaurant, owned with a majority by Joshua Hixson, of Rockland. 

According to court documents, in December 2012, Rockwell, acting as landlord, leased the premises at 449 Main St. to Hixson. Rockwell alleges that the restaurant has breached the lease agreement, is in default, and owes him additional rent as defined by the lease agreement. In May, Rockwell claims he notified Hixson by a certified letter about the default and when Rockwell did not receive the back rent, filed the notice of termination of the lease. 

Rockwell is requesting that the court issue a writ of possession entitling him to exclusive possession of the property and for Hixson to pay him the minimum rent of $220,000 for the balance of the lease, plus additional rent of $17,628.25 as of the date of the filing, according to the court documents.

Rockwell filed his first lawsuit against his partner, Hixson, and the restaurant in May, in Knox County Superior Court. In that lawsuit, Rockwell claimed that Hixson was violating their business agreement by not allowing Rockwell to review the business books and records of the restaurant.

Rockwell claimed breach of contract and breach of fiduciary duty in the lawsuit filed in May. Rockwell requested a court order to access the business records for inspection and copying, along with his legal costs, attorney fees and other damages the court deemed appropriate.

The following month, Hixson filed two counterclaim lawsuits on June 22 and June 23 in Knox County Superior Court.

According to the court document, in the first counterclaim Hixson is alleging defamation and slander, and that Rockwell represented him in a false light by giving publicity to a matter that alleged he is dishonest and acted criminally. 

As the majority representative of 3Crow, Hixson alleged in the second counterclaim that Rockwell is liable for fraud. In both counterclaims, Hixson requested 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.

Hixson opened 3Crow Restaurant and Bar in 2013 in its current location, and named it 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 their counterclaim and Attorney Patrick J. Mellor of Rockland is representing Hixson in his counterclaim.

Sarah Shepherd can be reached at news@penbaypilot.com