Dutch West Indies Trading Company, Inc. d/b/a Bandwith VI Company; Hurrican Communications, LLLP; Palo Duro Communications, Inc.; Neutron Communications, LLC; and Storm Communications, LLC v. Ralph Addington, SWP Holding LLC; Arcom Communication, LLC; SBA Towers USVI; Hunter Logan; and Nichols, Newman, Logan & D'eramo

CourtSuperior Court of The Virgin Islands
DecidedJuly 26, 2022
DocketSX-05-CV-661
StatusPublished

This text of Dutch West Indies Trading Company, Inc. d/b/a Bandwith VI Company; Hurrican Communications, LLLP; Palo Duro Communications, Inc.; Neutron Communications, LLC; and Storm Communications, LLC v. Ralph Addington, SWP Holding LLC; Arcom Communication, LLC; SBA Towers USVI; Hunter Logan; and Nichols, Newman, Logan & D'eramo (Dutch West Indies Trading Company, Inc. d/b/a Bandwith VI Company; Hurrican Communications, LLLP; Palo Duro Communications, Inc.; Neutron Communications, LLC; and Storm Communications, LLC v. Ralph Addington, SWP Holding LLC; Arcom Communication, LLC; SBA Towers USVI; Hunter Logan; and Nichols, Newman, Logan & D'eramo) is published on Counsel Stack Legal Research, covering Superior Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dutch West Indies Trading Company, Inc. d/b/a Bandwith VI Company; Hurrican Communications, LLLP; Palo Duro Communications, Inc.; Neutron Communications, LLC; and Storm Communications, LLC v. Ralph Addington, SWP Holding LLC; Arcom Communication, LLC; SBA Towers USVI; Hunter Logan; and Nichols, Newman, Logan & D'eramo, (visuper 2022).

Opinion

SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST CROIX

DUTCH WEST INDIES TRADING Case No SX 2005 CV 00661 COMPANY INC D/B/A BANDWITH VI COMPANY, HURRICANE Action for Breach of Contract and COMMUNICATIONS LLLP, Damages BLUEWATER BOTTOMLINE LLC PALO DURO COMMUNICATIONS, INC Jury Trial Demanded NEUTRON COMMUNICATIONS LLC AND STORM COMMUNICATIONS LLC

PLAINTIFFS,

v.

RALPH ADDINGTON SWP HOLDING, LLC ARCOM COMMUNICATION LLC SBA TOWERS USVI HUNTER LOGAN AND NICHOLS NEWMAN LOGAN & D ERAMO,

DEFENDANTS

Cite as 2022 VI Super 69

Appearances

Lee J Rohn, Esq Lee J Rohn and Associates, LLC St Croix V1 00820 For PlamnflDutch West Indzes Tradmg Company Inc (1 b a Bandwzdth VI Company

Michael J Tedesco, Esq Andreozzi Bluestein LLP Clarence NY 14031 For Plamttfifs Hurrzcane Commumcanons LLLP Bluewater Bottomlme LLC Palo Duro Commumcatzons Inc Neutron Commumcatzons LLC and Storm Communications LLC

Edward L Barry, Esq Law Offices of Edward L Barry P C Christiansted V1 00820 For Defendants Ralph Addmgton SWP Holdings LLC and Arcom Commumcanons LLC Dutch W Indies Tradmg Co e! a] v Addmgton e! a] 2022 VI Super 69 SX 2005 CV 0066] MEMORANDUM OPINION AND ORDER Page 2 of IS

Justin K Holcombe, Esq Dudley Newman Feuerzeig LLP St Thomas V100804 For Defiandant SBA Towers USVI Inc

W Mark Wilczynski, Esq Lauren N Wright, Esq Law Offices of W Mark Wilczynski PC St Thomas V100804 For Defendants Hunter Logan Esq and Nlchols Newman Logan and D Eramo P C '

MEMORANDUM OPINION AND ORDER

WILLOCKS Preszdmg Judge

'1 THIS MATTER is before the Court sua sponte For the reasons stated below, the Court, in its

capacity as Presiding Judge of the Superior Court overrules the decision of the Complex Litigation

Division judge, which declined to designate this case as complex

I FACTUAL AND PROCEDURAL BACKGROUND

‘2 Plaintiffs Dutch West Indies Trading Company doing business as Bandwidth VI Company

(hereinafter “Bandwidth VI’) Hurricane Communications, LLLP, Bluewater Bottomline, LLC, Palo

Duro Communications Inc Neutron Communications, LLC, and Storm Communications, LLC

commenced this action in 2005 for breach of contract fraud conspiracy, and legal malpractice, among

other causes of action They seek damages (including punitive damages), a declaratory judgment, and

specific performance among other remedies

fi3 According to the Complaint this action arose from a plan to build a wireless data services

networks in Puerto Rico and the Virgin Islands in the fall of 200] Bandwidth VI learned that Ralph

Addington (hereinafter Addington’) SWP Holdings LLC (hereinafter “SWP”), and Arcom

Communications LLC (hereinafier Arcom ) planned to sell several “properties, lease fee holdings and

I At all times relevant to this Memorandum Opinion and Order counsel for these Defendants was Henry C Smock Esq Dutch W Indies Trading Co e! a! v Addington e! a] 2022 VI Super 69 SK 2005 CV 0066! MEMORANDUM OPINION AND ORDER Page 3 of 13

2 way radio business as [a] package deal for l 4 million dollars (Am Compl ‘ l7 ) Five properties

were to be sold, three of which contained towers owned by SBA Towers USVI, Inc (hereinafter SBA )

Bandwidth VI obtained an option from Addington SWP and Arcom to purchase the properties

Bandwidth VI then leased space on the towers from SBA and entered into a joint venture with Bluewater

Bottomline, LLC (hereinafter ‘Bluewater ) to further the project Bandwidth VI and Bluewater formed

several partnerships including Hurricane Communications LLLP, Storm Communications LLP

Neutron Communications LLC and Palo Duro Communications, Inc to raise capital, and deve10p and

then manage the project Bandwidth VI and Bluewater and the partnerships and companies they formed

will be referred to hereinafter as Plaintiffs collectively

1:4 Plaintiffs retained Hunter Logan, Esq and the former law firm of Nichols, Newman, Logan, and

D’Eramo, P C to advise and assist in the transactions with Addington, SWP, Arcom, and with SBA

Plaintiffs admit that Attorney Logan and his firm had disclosed to them that the firm had represented SBA

in the past and had drawn up lease agreements between SBA and Addington, Arcom, and SWP But

Plaintiffs contend that Attorney Logan and the firm failed to disclose that SBA was given a right of first

refusal over the same ground leases being sold by Addington Arcom, and SWP to Plaintiffs Plaintiffs

further contend that Attorney Logan and the firm advised them to go forward with the purchase agreement

with Addington, Arcom, and SWP, even though they knew or should have known that the right of first

refusal was an encumbrance and a cloud on the titles

‘5 SBA eventually learned of the pending transaction between Plaintiffs and Addington, Arcom, and

SWP and informed them all of its right of first refusal on three of the five properties Plaintiffs intended

to buy the same three properties on which SBA s towers stood This lawsuit followed after the

transaction fell through Plaintiffs sued Addington Arcom SWP Attorney Logan and his law firm, and

SBA for breach of contract (as to Addington SWP and Arcom) for fraud (as to Addington SWP, and Dutch W Indies Trading Co e! a! v Addmgton e! a] 2022 VI Super 69 SK 2005 CV 0066] MEMORANDUM OPINION AND ORDER Page 4 of 13

Arcom), for tortious interference (as to SWP), for conspiracy (all Defendants), for legal malpractice and

breach of contract (as to Attorney Logan and the law firm), for declaratory judgment that no right of first

refusal exists (as to SBA), for specific performance (as to Addington, Arcom, and SWP), and for a

declaratory judgment that they are not liable for rent on the towers from the assertion of the right of first

refusal until specific performance is ordered (as to SBA)

116 Defendants Attorney Logan and the law firm appeared and answered the complaint on December

15, 2005 Defendants Addington, Arcom, and SWP appeared on December 20, 2005, and moved to

dismiss for failure to state a claim for relief That motion remains pending SBA appeared and answered

the complaint on December 28, 2005, and counterclaimed against Bandwidth V1 for unpaid rent on the

five year Antenna Site Agreement SBA then moved for summary judgment and to stay discovery, which

Plaintiffs opposed Both motions remain pending Several discovery related motions and stipulations were

filed Other than a recusal order and orders concerning the withdrawal and appearance of counsel, no other

orders were entered by a Superior Court judge until March 21, 2019, when the Court (Meade, J ) scheduled

this matter for a status conference on April 11, 2019 The Court heard from the parties, directed them to

meet and confer and submit a proposed scheduling order, and then referred this matter to mediation

1|7 By order dated August 29 2019 entered August 30 2019 the Court (Meade J ) sua sponte

referred this matter to the Complex Litigation Division for the Judge (Molloy, J ) to determine whether

this case should be designated complex In response, Defendants Addington, SWP, and Arcom said they

took no position but actually opposed treating the case as complex, they believed there really should only

be one plaintiff which would simplify the case Defendants Logan and the firm did not respond Plaintiffs

supported designating the case as complex, noting that, even though it does not fit within any of the

presumptively complex categories, it “certainly requires exceptional judicial management to ensure that

Free access — add to your briefcase to read the full text and ask questions with AI

Cite This Page — Counsel Stack

Bluebook (online)
Dutch West Indies Trading Company, Inc. d/b/a Bandwith VI Company; Hurrican Communications, LLLP; Palo Duro Communications, Inc.; Neutron Communications, LLC; and Storm Communications, LLC v. Ralph Addington, SWP Holding LLC; Arcom Communication, LLC; SBA Towers USVI; Hunter Logan; and Nichols, Newman, Logan & D'eramo, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dutch-west-indies-trading-company-inc-dba-bandwith-vi-company-hurrican-visuper-2022.