A September 2018 image of the Jamestown Brewing Company from Google Maps.

JAMESTOWN – The owner of a building that houses a new brewery in downtown Jamestown is trying to evict the business for failing to keep up with rent.

GPatti Enterprises – owned by local developer George Patti – owns the building that houses the Jamestown Brewing Company (JBC) at the southeast corner of Third and Washington Streets. According to a petition filed in State Supreme Court in Erie County on Tuesday, GPatti is claiming it’s received less than 20 percent of four months worth of rent, dating back to Sept. 30, 2019.

The complaint says that JBC owes a total of $85,000, but has only paid $15,000 so far. It also says that the brewing company – which is co-owned by John McLellan Sr. and John McLellan Jr. – has been unable to pay various debts it owes various lenders. Under its lease agreement with the business, GPatti argues it has the right to evict the operation if it fails to pay rent owed after 10 days of its due date.

A hearing for the case is scheduled for Thursday, March 5, in Buffalo.

Meanwhile, the lawsuit is not the first one that’s been filed between GPatti and JBC. In December 2018, JBC filed a lawsuit against GPatti, claiming a Breach of Contract, Fraudulent Inducement, Fraudulent Misrepresentation, and Negligent Misrepresentation when it entered into a lease agreement in 2017. At the time of signing its lease, JBC claims GPatti had said work on the building would be completed in time for an April 2018 opening. However, numerous delays in construction – including an environmental abatement mandated by the state – pushed that opening date back for more than a year. As a result JBC felt GPatti was misleading when it provided the timeline for when the operation could open. It is suing GPatti for compensatory and punitive damages.

In April 2019 the court dismissed three of the claims, while the issue of breach of contract is still playing out in the court.

That case is currently in the discovery phase, with a deadline of April 30 for both sides to present their evidence. The next scheduled court date in that matter is a discovery compliance meeting set for July 10.

According to the Post-Journal, the total project cost for renovating the property and preparing it specifically for JBC was estimated at $3.84 million. Financing for the project included a $475,000 state Main Street grant that was awarded through the Regional Economic Development Council program in December 2015 and $830,000 from the Downtown Revitalization Initiative in 2017. The Jamestown Local Development Corporation has a $180,000 loan attached to the project. The IDA also offered tax abatements for the property.

The Jamestown Brewing Company has announced it will temporarily shut down until a New York state liquor license is received so operations could resume.

The restaurant – which is located at the building formerly known as the Lillian Vitanza Ney Renaissance Center at the corner of W. Third and Washington Streets – initially opened in mid July despite not having its license.

The business is owned and operated by the father-son partnership of John McClellan Sr.  and John McClellan Jr. of Buffalo. They are leasing the space from the building owner, G. Patti Enterprises, which received a portion of the $10 million Downtown Revitalization Initiative Grant to renovate the building.

Delays in that renovation effort has led to the McClellan’s suing G. Patti Enterprises for a breach of contract and that issue is still being played out in State Supreme Court in Erie County.

Meanwhile there is no word on when the State will finally grant to the liquor license, which is needed in order for JBC to not only serve alcoholic drinks but also begin brewing its own beer.

A post by the Jamestown Brewing Company on its Facebook Page announcing its opening on July 12

JAMESTOWN – The Jamestown Brewing Company in downtown Jamestown will be opening for business on Friday, July 12.  The company made the announcement this past Friday on its Facebook page.

The brewery was originally planned to be opened in the the Spring of 2018 but several unforeseen delays in renovation of the property on the southeast corner of W. Third and Washington streets kept pushing the opening date back.

In recent months construction has been slowed by litigation between the developers of the brewery and the property owners and redeveloper GPatti Enterprises. That matter is still playing out in State Supreme Court in Erie County.

According to the Post-Journal, the total project cost for renovating the property and preparing it specifically for Jamestown Brewing was estimated at $3.84 million. Financing for the project included a $1 million in funding from the Downtown Revitalization Initiative Grant the city received in 2017, plus $475,000 state Main Street grant that was awarded through the Regional Economic Development Council program in December 2015. The Jamestown Local Development Corporation has a $180,000 loan attached to the project. The Chautauqua County Industrial Development Agency also offered tax abatements for the property.

Once open the business is expected to employ between 30 and 40 people. The restaurant will seat 280 guests in five different areas.

Recent filings in State Supreme Court in Erie County show that GPatti Enterprises is asking the court for compensatory damages as a result of alleged breaches of the lease agreement by Jamestown Brewing, along with costs, disbursements, interest and fees.

The counterclaim was port of a response the attorneys for GPatti Enterprises filed related to a lawsuit brought forward by Jamestown Brewing Company claiming a breach of contract between the two parties. Three other claims from the business against the building owner were recently dismissed by the court.

The lawsuit was filed by brewery owners in December 2018 after numerous delays in construction on the building resulted in the business still failing to open at the originally scheduled time of Spring 2018.

Attorneys for the entities will be in court again in mid-June as the case proceeds.

Meanwhile, there is no word on when the business may open, although it has finally received a certificate of occupancy from the city.
According to the Post-Journal, the total project cost for renovating the property and preparing it specifically for the Jamestown Brewing business was estimated at $3.84 million. Financing for the project included a $1 million in funding from the Downtown Revitalization Initiative Grant the city received in 2017, plus $475,000 state Main Street grant that was awarded through the Regional Economic Development Council program in December 2015. The Jamestown Local Development Corporation has a $180,000 loan attached to the project. The County IDA also offered tax abatements for the property.

Once open the business is expected to employ between 30 and 40 people. The restaurant will seat 280 guests in five different areas

On Wednesday, April 17 Erie County Supreme Court Judge Timothy Walker ruled to dismiss a portion of a lawsuit filed in December by the owners of the Jamestown Brewing that claim their landlord and property developer – G. Patti Development – committed fraud when courting the business to enter into a lease agreement to rent out the former Lillian Ney Renaissance Center building (AKA Grant Building)  at the corner of W. Third and Washington Streets.

Jamestown Brewing owners John McLellan Sr. and John McLellan Jr. had filed a lawsuit against GPatti after continued delays prevented them from opening their operation as scheduled. While the business was initially slated to open in the spring of 2018, it saw numerous construction and development delays and has yet to open its doors.

The McClellan’s are suing GPatti, claiming it wasn’t fully transparent in regards to the work that was needed to prepare the site, nor regarding communicating some environmental work that was required before the site would be ready. As a result, Jamestown Brewing was asking for compensatory damages, punitive damages, interest, attorneys fees and costs based on the alleged misrepresentations.

At the request of GPatti Development, Judge Walker dismissed those claims.

But the judge also denied a motion request by G. Patti Inc to dismiss a breach of contract claim from Jamestown Brewing that dealt with the spending of $1 million in state money from the Downtown Revitalization Initiative (DRI) fund. Jamestown Brewing claims GPatti misappropriated that money, leading to the breach of contract.

Judge Walker said he first wants to see a breakdown of how state that DRI money was spent on the Jamestown Brewing project before ruling on that matter. That review won’t take place until the project is completed because state economic development money typically isn’t released until a project is finished.

According to the Post-Journal, the total project cost for renovating the property and preparing it specifically for the Jamestown Brewing business was estimated at $3.84 million. Financing for the project included a $475,000 state Main Street grant that was awarded through the Regional Economic Development Council program in December 2015. The Jamestown Local Development Corporation has a $180,000 loan attached to the project. The IDA also offered tax abatements for the property.

There still is no word on when the brewery will open.  Once open the business is expected to employ between 30 and 40 people. The restaurant will seat 280 guests in five different areas.

Chautauqua Institution President Michael E. Hill poses on Thursday with Chautauqua County Executive George Borrello, moments after Hill signed the memorandum of agreement for the Chautauqua Lake Weed Management Consensus Strategy on the Institution’s behalf.

CHAUTAUQUA – Chautauqua Institution has signed on to the Memorandum of Agreement (MOA) for the Chautauqua Lake Weed Management Consensus Strategy.

The MOA is a document that was finalized and put forward by Chautauqua County Executive George Borrello last week. It was unanimously approved by the Chautauqua County Legislature on the same day it was made public.  The document seeks to bring together lake stakeholders so they can more effectively work together to manage invasive aquatic plants, nuisance native vegetation, and hazardous algal blooms in the lake.

Chautauqua Institution President Michael Hill said the MOA represents a comprehensive and scientifically sound approach for Chautauqua Lake conservation.

“I proudly signed this memorandum on behalf of Chautauqua Institution because it represents the comprehensive and scientifically sound approach for Chautauqua Lake conservation that we’ve been advocating for many years,” Hill said. “We are hopeful that all other agencies and municipalities will join us in signing the MOA and supporting this incredibly important strategy. We thank County Executive Borrello for his resolute leadership on this crucial issue. While Chautauqua Lake faces many challenges, we’re confident that with an independently sourced, science-based comprehensive approach and the support and leadership of a consensus of stakeholders, we will save and preserve Chautauqua Lake as the source of so much of our livelihood in Chautauqua County.”

The consensus strategy was developed through a collaboration of the County Executive’s Office, Chautauqua County Department of Planning & Development, representatives from the Chautauqua Lake and Watershed Management Alliance, New York State Department of Environmental Conservation (NYS DEC), and the consulting firm Ecology and Environment, Inc. (E&E). E&E, which is headquartered in Lancaster, New York, facilitated three meetings earlier this year, where it met with key lake stakeholders to discuss their most pressing issues and concerns surrounding the management of weeds and harmful algal blooms in Chautauqua Lake. These stakeholders included representatives from Chautauqua Institution, Chautauqua Fishing Alliance, Chautauqua Lake Association, Chautauqua Lake Fishing Association, Chautauqua Lake Partnership, Chautauqua Watershed Conservancy, Town of Busti, Town of Chautauqua, Town of Ellery, Town of Ellicott, Town of North Harmony, Village of Celoron, and Village of Lakewood. Other input, which was also considered in the development of the MOA, was communicated to the county executive during informal meetings and in written form.

As part of the information-gathering phase for the consensus strategy, Hill and Chautauqua Vice President of Campus Planning and Operations John Shedd accompanied Borrello and several other county officials and leaders on an October trip to Lake George, New York, to learn about a successful model for lake conservation. In just five years, Lake George stakeholders have united behind a consensus strategy that uses sound, validated science to spur decisions, greatly and demonstrably improving the health and water quality of a lake with challenges similar to Chautauqua Lake.

Last year Chautauqua Institution led an effort to sue the state, saying it didn’t follow proper procedure when approving an application to use herbicides in certain areas of the lake. That challenge took place in Erie County Supreme court and was dismissed near the end of December.
But the lawsuit was just one example of the infighting that has taken place in regards to lake Management and it lead to Borrello to call for a “cease fire” amongst the various stakeholders, via the consensus document.

The Institution is one of the first stakeholders to sign off on the MOA for the consensus. The deadline to sign on to the MOA is April 17.

Those that do not are in jeopardy of missing out on funding for projects they support to battle the weeds and algal blooms that have been occurring more frequently on the lake in recent years.