Hollywood producer files federal lawsuit to prevent state of MD from

Daily Record, The (Baltimore), Jul 24, 2006 by Ben Mook

Hollywood producer James G. Robinson claims officers representing the Maryland Port Administration stormed his company's waterfront offices, seeking to evict him. He has filed a federal lawsuit to prevent the state from trying to do it again.

Premier Automotive Services is an import and export vehicle processor at the Dundalk Marine Terminal in Baltimore. The company has been embroiled in eviction proceedings with the Maryland Port Administration since 2002, when the company's long-term lease expired.

Last week, Premier fired its latest legal salvo with a lawsuit aimed at preventing the Department of Transportation and the port administration from carrying out further eviction proceedings until a pair of related court actions are wrapped up.

The company has an appeal pending of a U.S. Bankruptcy Court decision and a complaint before the Federal Maritime Commission. In the complaint, the company alleges the state violated the Shipping Act by not negotiating in good faith and giving preferential treatment to one of Premier's competitors that would take over their space at the terminal.

Under the direction of the [Department of Transportation], however, MPA, in clear violation of the Shipping Act, has refused to offer Premier a lease on commercially reasonable terms that have been afforded to Premier's competitors at the Terminal, the complaint states. To the contrary, the 'Proposed Lease' offered by MPA to Premier, on its face, is illusory, untenable, commercially irrational and confiscatory.

The port administration declined to comment on the case, citing its policy against discussing pending litigation.

Premier has been a tenant at the Dundalk terminal since the mid- 1960s. Robinson, a Baltimore native, founded the firm before going on to become a successful producer.

According to the Internet Movie Database, his credits include 50 films, such as Ace Ventura, Last of the Mohicans and Major League. Robinson is also the chairman and CEO of Morgan Creek Productions, which has produced films including Robin Hood: Prince of Thieves and the Young Guns movies.

Since 2002 though, Premier and the port administration been unable to agree on a long-term lease. The administration, frustrated at the lack of a long-term deal, notified Premier in March 2005 that it had another customer for the property and offered Premier a spot elsewhere. Premier declined, and filed for Chapter 11 bankruptcy protection a month later, citing the imminent eviction and destruction of its business at the hands of the port authority.

The bankruptcy was dismissed in June, which actually led to a legal win, of sorts, for Premier. While the company lost its initial case against the port authority, the agency violated a 10-day moratorium by attempting to evict the company after the ruling.

The next day, the state broke in to Lot 90 illegally, arrested one of the workers for trespassing and threw [Premier] out, Robinson's attorney, Charles Fax, said.

According to transcripts of a June 13 hearing after the eviction attempt by the state, U.S. Bankruptcy Court Judge James F. Schneider said he was appalled by the port administration's actions. He railed against the agency for the action, accusing them of disregarding the law and granted a stay on eviction proceedings pending another appeal.

Well, I'm absolutely dumbfounded to find out that the State has acted precipitously to violate the rights of [Premier], Schneider said at the hearing. The Court ruled in favor of the State, but didn't give the State the right to violate the law and to take matters into its own hands while the appeal period was pending.

A month later, Premier filed the latest lawsuit in U.S. District Court seeking to take the Bankruptcy Court's stay a step further. In court documents, Premier's attorneys said they were concerned the state would once again storm into Lot 90 again and seek to terminate Premier's business in violation of its rights.

As a result, the company asked the court to bar the state from evicting them until the other pending cases are resolved, or a long- term deal can be reached. A court date has not been set.