A Recent View of 128R North Street Condominium Under Construction.
An Order was signed Monday, August 16, 2021 by a Judge in Superior Court that will delay the scheduling of a jury trial in the case of Steven and Ann Kremer vs. Upright Properties, LLC., Josh Wojcik, principal.
The matter is going to trial because the two parties could not resolve the issue through mediation.
One of the immediate impacts of this Order is that the discovery deadline has been extended to October 27, 2021 from August 28, 2021. Ultimately, “deadlines for filing a good faith estimate of time required for trial, exchange of trial witness and exhibit lists and filing of motions” will be delayed as well according to the Order.
The underlying cause for the Order is a change of attorney for the plaintiffs in the lawsuit. Real estate attorney Thomas B. Federle, Esq. filed the lawsuit on behalf of the plaintiffs late last year. He withdrew from the case recently and in the interim the plaintiffs hired a new attorney: Jason J. Theobald, of Curtis Thaxter LLC, Portland. It will take the new attorney additional time to acquaint himself with the case and determine whether or not additional discovery is required in the case.
The lawsuit involves a 6 unit condominium under construction that occupies space on which a rental property was formerly located on North Street on Munjoy Hill. The rental building was torn down to make way for this new condominium. At issue, is an easement to which the developer Wojcik claims a right to but the property owner disputes that. The address of the building under construction is 128R North Street – the R designates the rear location of the building under construction because it is behind 128F North Street. Wojcik’s new condominium has no street frontage and no vehicular access to 128R. He does have foot traffic access.
Recently, Wojcik told this blogger that he is moving forward with work on the interior of the condominium under construction, such as plumbing and electrical work. It looks as though exterior work has been stopped.
For background information on this lawsuit, and two other litigation matters against Upright Properties, LLC, by immediate neighbors, please visit posts herein dated July 31, January 4, and January 2, 2021.