One Loudoun to court: VIP, Farren vying in secret for new stadium at Kincora
Farren's attorney, Bruce McGlaughlin, is currently out of the country and will not be back until Dec. 2, the Times-Mirror was told when we called his offices.
Through an email included in court documents, Farren appeared to be requesting a meeting with senior vice president of the Atlantic League of Professional Baseball, Peter Kirk, stating VIP has had several "favorably received" direct meetings with Kincora lead developer Michael Scott. Farren writes to Kirk the anticipated opening day for the stadium would be 2017.
"Yes, we have had difficulties but they are virtually all overcome pending some input from you and your colleagues. I am not shying away from the fact that we were given bad advice but we have never lost sight of the ultimate goal - to enter the ALPB and be an asset to the ALPB from Day 1...
I am respectfully asking for a meeting with you next Monday or Tuesday in order to address the topics below and any other issue you would like to discuss. We are ready to proceed once again having recovered from the crippling effects of what our former lending brokers did to us. We have an exciting infrastructure that has been developed by a firm we are working with in New York City (Broadway Capital). We have had several direct meetings with Mike Scott at Kincora and each was favorably received.
We believe we are in a strong position to effect our Plan and would like to discuss it with you in anticipation of being ready for Opening Day 2017."
In the list of desired conversation topics with Kirk, Farren includes among them the introduction of John Simone, president of Baseball Operations for VIP, and a review of VIP's new Board of Directors, the members of which are not listed.
Nat Lucangeli, CEO of Broadway Capital, would also be introduced as VIP's financial adviser. The meeting would also center around the status of the "MOU [memorandum of understanding] with Kincora and Mike Scott."
It's not clear if Kirk responded to Farren or how One Loudoun obtained the email, which was entered into court documents by the developers.
Kincora is an in-progress, 424-acre mixed-use development located near the intersection of Routes 7 and 28. Calls to Kincora officials were not immediately returned.
In 2010, Loudoun supervisors approved Kinocora Village. The Loudoun Hounds stadium was originally part of Kincora's development plans -- just about 1 mile east of One Loudoun. The Atlantic League pushed the development for a 2014 opening, but finances and slow development didn't lead to the desired outcome.
Since, VIP made a switch and signed a lease with One Loudoun for the Hounds stadium.
One Loudoun filed suit in August 2014 against VIP and Farren, attempting to terminate the lease signed in December 2012. The developers at One Loudoun said VIP failed to build the stadium off Route 7 and Loudoun County Parkway by April 2014, nor had it been completed or begun by the time the lawsuit was filed..
On Oct. 2, the court granted Farren and VIP a continuance for the lawsuit with One Loudoun in light of Farren's neck and throat cancer. VIP and a note from Farren's doctor claimed the stress of the trial and preparation for it could hinder chemotherapy and surgery. The dates for the trial, originally set for Oct. 27 to Oct. 30, have been moved to March 14 to 16 and reduced to three days.
However, Farren sent out at least one business email on Sept. 17, the same day his counsel agreed to a deposition for Farren regarding the case, according to the documents. In the email, Farren "appears to request a meeting with the Atlantic League to discuss VIP's terms for a new deal to bring baseball to Loudoun."
"One Loudoun represents that VIP is not discussing any new deal with it so VIP appears to be attempting to do significant business with another entity (Kincora) -- one of the very fears One Loudoun has had in opposition to VIP's repeated delay tactics in this case," the documents state.
Neither Farren nor VIP appeared for the deposition.
One Loudoun, which has tried unsuccessfully to speed up a lawsuit that began in August 2014, filed the documents in conjunction with a renewed subpoena, one they said was granted by the court but never fully satisfied by VIP.
On Oct. 10, pictures revealed Farren in VIP's season ticket seats at the Washington Capital's opening home game. According to the witness who submitted photos of Farren at the game, he did not appear debilitated in any way during the hockey game.
One Loudoun officials no longer believe Farren was too sick in September and October to be kept from deposition and trial, One Loudoun said.
On Nov. 4, counsel for both VIP and One Loudoun spoke with Farren's physician, Dr. Kenneth W. Harter of MedStar Georgetown University Hospital, who said Farren's treatment began Oct. 19 -- contrary to details disclosed by VIP to the court -- and that the only medical orders in terms of limitations he gave Farren were to refrain from driving.
One Loudoun said Farren is well enough to drive, a statement made after they said he was spotted Oct. 29 leaving his home in a business suit, driving alone to I-495 North into Maryland.
"Of course, Mr. Farren -- at least on Oct. 29, 2015 -- was well enough to defy Dr. Harter's orders since his treatment began on Oct. 19, 2015," One Loudoun stated.
One Loudoun has asked the court to compel VIP's corporate deposition under rule 4:5(b)(6), a move that would require VIP to show for a deposition, which so far the company and its CEO have failed to do, according to documents: "VIP should not be awarded for its dilatory and misleading tactics and lack of cooperation during the discovery period."
They further asked the court to prohibit VIP from conducting any baseball-related business until the case ends.
-One Loudoun, VIP lawsuit continued in light of CEO's throat cancer
-New documents shed light on Hounds, One-Loudoun stadium dispute
-One Loudoun seeks to terminate stadium lease; looks for new baseball and soccer owners
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