PORTSMOUTH, N.H.. -- Accused of displaying signs for Moe's Italian sandwiches, while owing Moe's money and selling Darlene's subs, the owner of a Portsmouth, N.H., gas station and convenience store is expected to lose his business during a November 9 foreclosure auction, reported Seacoastonline.com.
According to a notice by auctioneer Paul McInnis, the gas station and Samuel's Mini Mart will be sold at public auction by order of the mortgage lender. The property includes 0.33 of an acre of land, the 1,006-square-foot c-store and a four-dispenser gas station. The assessed [image-nocss] value is $645,600, said the report.
Public records indicate Jay Laveson is principal of PEJ Fuels LLC, which owns the business.
Portsmouth District Court records cited by the website show Laveson is scheduled to appear in the court on December 9 for a hearing on a civil complaint brought by sandwich maker Moe's Italian Sandwiches. Court records show that Moe's claims it is been barred from removing its signs from the c-store where its sandwiches have not been sold for five months, the report said.
It also alleges that PEJ Fuels owes it $768 as a result of a two-year sandwich-sales agreement, now gone stale, the report added.
Laveson's counterclaim alleges that Moe's owes him $4,044 as a result of having Moe's as a tenant., Seacoastonline.com said.
The sandwich maker claims it signed a lease with Laveson in January of 2008 for 120 square feet inside the c-store to sell its sandwiches. On April 6, 2010, Moe's severed the partnership and gave 90 days notice, it told the court.
A month later, Moe's posted a "we are moving" sign on a counter in its leased space and soon after the landlord posted an obstructing sign declaring that Darlene's subs were "coming soon," according to Moe's complaint. Then, Moe's alleged, on June 1, all of its indoor signage was found "ripped down and on the floor" inside the store, which was then selling Darlene's, not Moe's subs.
Moe's lease was still active, it alleged.
The following day, Moe's hired a sign company for $665 to send a worker in a bucket truck to remove all of its exterior signs, it said. Instead, Moe's told the court, the sign worker was told to leave the property.
Moe's signs remain outside the c-store, said the report, while Moe's family members and their agents have been denied access, according to their court complaint. Other signs outside Samuel's also now advertise Darlene's subs for sale, the website said.
Moe's asks the court to grant it access to remove its signs from the store and to order Samuel's to reimburse the $696 it spent for the unsuccessful sign removal operation. Moe's also seeks return of a $450 security deposit and $220 for cleaning and repairs.
In a counterclaim, Samuel's alleged the sign company was asked to leave because the large truck arrived during morning rush hour, filled the parking lot and negatively impacted business, said the report. It claimed Moe's gave no prior notice that the sign contractor was en route and that the worker had no proof of insurance.
All other allegations, Samuel's told the court, "appear to be irrelevant."
Laveson asked the court to dismiss Moe's small-claims complaint, while outlining his own alleged damages. He alleged that he is owed back rent and a percentage of the profits for Moe's sandwich sales from his shop, $235 to repaint the area Moe's once leased and $2,400 to remove Moe's signs and "restore" the areas after removal.
A District Court mediator previously heard the case but no resolution was reached, according to court documents cited by the website.
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