ROCKLAND — A Knox County Superior Court justice has overturned a October decision of a District Court judge who ruled that a Rockland restaurant violated a lease agreement with the owner of the building and part owner of the business 3Crow Restaurant.

Justice Michaela Murphy ruled Feb. 9 that the defendants, Joshua Hixson and Tara Barker, were not in default of their rental agreement. Her ruling reversed the Oct. 14 ruling by Judge Patricia Worth in Knox County Unified Court.

Worth's ruling had ordered Hixson and Barker to pay Richard Rockwell, owner of 449 Main Street, LLC, $220,000 for the remainder of the lease, $35,000 in additional rent and $7,000 in legal fees and grant him full possession of the building where 3Crow restaurant is located.

Murphy, in her Feb. 9 judgment, ordered the release of the escrowed payments to Rockwell up to the amount due under the lease agreement, according to the court documents.

Patrick Mellor, attorney for Hixson and Barker, said Feb. 18: "3Crow is pleased with the appellate court's judgment and feels strongly that it reflects the just result in this case. Owners Josh Hixson and Tara Barker look forward to being a part of downtown Rockland for many years to come."

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

According to court documents, in December 2012, Rockwell, acting as landlord, leased the premises at 449 Main Street to Hixson.

After Worth's ruling in October, Hixson had confirmed by telephone that he was appealing the judge’s decision and that 3Crow would continue to operate according to its regular business schedule. As part of the process of challenging the ruling, Mellor filed a motion to stay the eviction order during the appeal process.

Hixson, the majority owner of 3Crow Restaurant, filed a motion Sept. 16 requesting that Richard Rockwell, of St. George, the part owner and landlord of the restaurant, pay his attorney fees for the ongoing civil lawsuit. Hixson alleged that Rockwell was not acting in good faith and was willfully breaching statues and laws, according to the court documents.

Hixson's motion followed another suit that was filed by Rockwell Aug. 28 against his business partner, seeking eviction for unpaid rent of more than $237,000.

According to the court document, Hixson claimed that he was at least up to date on the rent and paid all of the monies that Rockwell alleged were owed to him. Hixson claimed that Rockwell was dissatisfied with the profit he had expected from the operations of 3Crow and had initiated a scheme to evict the business through several unsubstantiated and bad faith default notices.

Rockwell requested in the suit that the court issue a writ of possession entitling him to exclusive possession of the property and for Hixson to pay him for 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.

Hixson's attorney, Mellor, filed a motion for continuance for the forcible entry and detainer hearing because Hixson was scheduled for jury duty Sept. 16.

Rockwell alleged that the restaurant had breached the lease agreement, was in default, and owed him additional rent as defined by the lease agreement.

In May 2015, Rockwell claimed 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 filed his first lawsuit against his partner, Hixson, and the restaurant in May 2015, in Knox County Superior Court. Rockwell claimed that Hixson was violating their business agreement by not allowing him to review the business books and records of the restaurant.

Rockwell claimed breach of contract and breach of fiduciary duty in the lawsuit 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.

As the majority representative of 3Crow, Hixson alleged in the second counterclaim that Rockwell was 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 opened 3Crow Restaurant and Bar in 2013 in its current location, and named it after its location in the former Three Crow Spice building. He also owns 40 Paper on Mechanic Street in Camden.

Attorney Lee H. Bals of Marcus, Clegg and Mistretta, P.A. in Portland represented Rockwell in the lawsuit.

Sarah Shepherd can be reached at news @penbaypilot.com