WARREN - M&M Excavating and Demolition Inc. filed a multi-million dollar lawsuit against the City of Warren in reaction to efforts to revoke the company's license to operate within the city's limit.
The company was successful in obtaining a 14-day temporary restraining order from Trumbull County Common Pleas Court Judge Andrew Logan, preventing the city from stopping it from doing work it already has been contracted to do by the Warren City School District.
The two sides are scheduled to appear before Logan at 11 a.m. Friday.
M&M Excavating is seeking more than $9,025,000 in combination of compensatory and punitive damages.
The company argues that removing its license to operate is detrimental to its being able to complete a $515,704 contract with the school system to demolish McGuffey, Laird and Garfield Elementary schools as well as Turner Junior High School, as well as its efforts to obtain future contracts with the city.
Attorney Robert L. York noted in the company's complaint that on Tuesday, his client was issued permits to demolish McGuffey and Turner schools. On Wednesday, the company's contractor registration and its permits to demolish McGuffey Elementary and Turner Junior High School were revoked.
The revocation was issued by Chris Tanneyhill, the city's chief building official, based on the fact that M&M either refused to, or failed to, comply with a building department order dealing with work that was done at Up-A-Creek Tavern, 4793 East Market St., according to the city.
M&M is accused of using asphalt from Turner Middle School as fill material at Up-A-Creek.
Representatives of M&M Excavating and Demolition said the the company has not done anything wrong and cease and desist order was never sent to company representatives. The order was delivered to one of the owners of Up-A-Creek Tavern.
In an Oct. 8, letter, Tanneyhill noted that the letter was sent to Scott Rogers on Sept. 26, and it was reviewed by James Matash, an owner of M&M Excavating and Demolition.
York argues that each day the project is not done beyond it scheduled completion date, the company will be fined $1,000.
The company said revocation will stop it from from bidding on work on about 25 properties that are part of the Warren Residential Demolition Project.