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Liberty Aviation Museum countersues marina

Tom Jackson • Apr 10, 2014 at 1:30 PM

Liberty Aviation Museum counterattacked Wednesday in its ongoing legal feud with Treasure Cove Marina.

The museum filed a counterclaim, alleging fraudulent invoices and long delays in the work of restoring a patrol torpedo boat that dates from World War II.

The counterclaim, filed in response to Treasure Cove’s lawsuit filed against the museum last week, asks for about $330,000 in damages and $300,000 for loss of income.

Last week, Treasure Cove Marina sued the museum in Ottawa County Common Pleas Court, claiming the marina is owed about $122,000 for repairing, maintaining, storing, furnishing and equipping the boat.

The suit asked for the money, and for permission to seize the boat. It also seeks an order for the boat to be sold.

The museum’s answer to the lawsuit denies it owes the marina money, and also makes several allegations against Treasure Cove.

Among them:

•So far, the museum has paid about $1.59 million to Treasure Cove for work done on the PT boat.

•Treasure Cove billed for more boat parts than were actually used and billed for labor that wasn’t done. In some cases, the museum was double- or triple-billed.

•Treasure Cove turned in fraudulent bills of about $131,000 “with malicious intent”

•Treasure Cove has not met any deadlines for the renovation of the PT boat and has delayed the project for more than a year.

Treasure Cove’s attorney, James Reinheimer, of Port Clinton, said Wednesday he has not seen the counterclaim yet and therefore cannot comment.

“I’d rather take a look at it first” he said.

Treasure Cove owner Rob Moore earlier this week referred a question about the lawsuit to Reinheimer.

Ed Patrick, Liberty Aviation Museum’s CEO, contended Wednesday he has extensive paperwork to back up the allegations in his counterclaim.

“I have had two employees working since November going through every invoice and receipt, broke down into an Excel spreadsheet, double- and triple-checking all paperwork, giving everyone the benefit of the doubt,” he said. “We have compiled several boxes of legal files to document our findings.

“As a non-profit, we are required by law to document proper expenditures that have to be backed up with verifiable receipts,” he said. “We have not contrived to do this just to skate on a small amount of cash to avoid paying a bill”

A hearing on the lawsuit is Friday in Judge Bruce Winters’ courtroom.

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