WHEELING - Wheeling Pro Hockey has filed suit against the Wheeling Nailers hockey team, the Double-A affiliate of the NHL's Pittsburgh Penguins, claiming the club owes it more than $100,000.
The lawsuit was filed Sept. 29 in Ohio Circuit Court, alleging the Nailers have not made the proper payments stemming from their purchase of certain assets of Wheeling Pro Hockey.
Wheeling Pro Hockey also says it hasn't been paid its percentage of Wesbanco Arena's naming rights fee.
"Defendant Wheeling Nailers LLC failed to perform its duties and obligations under the Asset Purchase Agreement and breached its duty of good faith and fair dealing to the plaintiff regarding the Naming Rights Agreement for the Wheeling Civic Center," the complaint says.
On June 10, 2003, Wheeling Pro Hockey says it entered into the Asset Purchase Agreement with the Nailers to offer certain assets in exchange for $300,000.
The complaint says the Nailers missed one of its $50,000 payments and shortchanged Wheeling Pro Hockey on another. Wheeling Pro Hockey claims it is still owed $51,410.03 under the terms of the Asset Purchase Agreement.
Wheeling Pro Hockey also claims it is owed $61,818 under the terms of the Naming Rights Agreement. The complaint says Wheeling Pro Hockey was to be paid 10 percent of the naming rights revenue for five years but has not received any payment yet.
The plaintiff charges the defendant with a breach of contract, breach of duty of good faith and fair dealing and unjust enrichment.
"The plaintiff is entitled to a reasonable sum for its activities in obtaining the Naming Rights Agreement for the wheeling Civic Center and the corresponding financial windfall to the defendant," the complaint says.
Wheeling Pro Hockey seeks compensatory damages and is represented by David Wyant of Bailey and Wyant.
Judge Martin Gaughan has been assigned the case.
Ohio Circuit Court case number 06-C-351