Superior Court judge issues ultimatum in Island Theater case

Gives owners a final extension to provide acceptable action plan.

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The Island theater, one of three theaters the Hall family owns in the towns of Oak Bluffs and Vineyard Haven. — File photo

On Friday afternoon, a visibly annoyed Superior Court Judge Cornelius Moriarty told Mark Cain, attorney for Ben and Brian Hall, co-owners of the Island Theater, that the action plan to make the Island Theater safe presented to the court for the second time this week, was still inadequate.

“The agreement specifically ordered parties to provide a report with estimated start and completion dates and what have you,” Judge Moriarty said. “All I’m hearing now is we don’t have a contract yet.”

A beleaguered Mr. Cain told the judge he’d gone to great lengths to engage off-Island contractors that could do the work to make the theater safe, and to engage a painting contractor to paint the facade, per the agreement. He said he had a signed contract with a painting contractor but not with the building contractor. “I was personally part of all of this negotiation, and I made it all happen in 48 hours,” he said. “If the building contractor didn’t have to take his daugher to the dentist, I’d have the numbers.”

Mr. Cain asked the court for latitude, saying had exercised best efforts to meet the deadline, which was been extended Wednesday after a contractor engaged by Brian Hall backed out at the last minute.

“I’m not worried about your part, what I am worried about frankly is your client’s part,” Judge Moriarty said. “I believe there were numerous offers to provide but it seems they have struggled and delayed and done nothing.”

Asked his opinion by the judge, Oak Bluffs town counsel Ron Rappaport said he was “frustrated” that a signed contract with a building contractor was still not in hand. “I understand Mr. Cain has done the best he can,” he said.

As he did in Wednesday’s hearing, the judge expressed concern about public safety. A board of survey assembled by former Oak Bluffs building inspector Mark Barbadoro officially declared the Island Theater “dangerous,” on Dec. 2.

“Let’s look at it realistically, the building is certified as dangerous,” Judge Moriarty said. “It sits at the busiest intersection on the entire Island. It poses a real danger.”

Mr. Cain suggested the building was not in imminent danger of collapse unless there were hurricane winds topping 120 miles an hour, “Which hasn’t happened since 1938.”

“Be candid with me,” Judge Moriarty said. “The defendant is Lucky 7 Realty Trust. Two years ago and counting, attorney [Ben] Hall told me Lucky 7 couldn’t do the repairs because it had no money. Is that at issue here?”

“I don’t know,” Mr. Cain said. “I know there’s a contract to do the work. I do know absolutely one of the contractors is locked up, the other is the final details….I believe with 99 percent certainty that on Tuesday we can present a signed contract.”

Judge Moriarty gave a final extension — Tuesday, 4 pm, “To present to the court the written status, outlining the work that needs to be done. If that isn’t done, I may order a hearing on preliminary injunction and I may order it consolidated with a trial on merits.”

This is not the first case involving Judge Moriarty and the Hall family. In November 2015, the judge sentenced Ben Hall Sr. to 90 days in jail for contempt after he failed to make a payment deadline in a long-running civil case. “The time for legal shenanigans is over,” he wrote in his sharply worded decision.

 

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