Judge rules in city’s favor in Millyard tennant case
NASHUA – A Superior Court judge has granted the city of Nashua’s motion for final default judgment in its lawsuit against a former Millyard tenant, giving the city the green light to sell off the vast array of heavy machinery the tenant left behind upon his eviction nearly two years ago.
Judge Jacalyn Colburn issued the order Wednesday, a day after the former tenant, Dr. Anoosh Irvan Kiamanesh, failed to appear in court for the hearing on the city’s final-judgement motion.
Kiamanesh, who owned the former Nimco property until the city bought it for $1.2 million as part of the planning process for the Broad Street Parkway.
The city initiated eviction proceedings against Kiamanesh in December 2016, but he left behind most of the large lot of equipment described in documents as “several large machines, old office equipment, several vehicles and a multitude of industrial tools.”
Although Kiamanesh has 10 days in which to file a response to Colburn’s order, his track record of failing to acknowledge or answer correspondence and show up at hearings throughout the course of the case suggests the likelihood nothing will be filed.
The city in its suit named as defendants Kiamanesh, who also goes by “Dr. Kia,” along with Ultima Nashua Industrial Corp. and Nimco Real Estate Associates, of which he is listed as manager or president in court documents.
One of the motions Kiamanesh was able to file in court landed in late October, in the form of a motion to strike the city’s motion for default judgment.
“I have not been informed appropriately and was under the impression we are working on a win/win solution to bring (in) other investors … and save more than 247 machines with replacement value of more than $20 million …,” Kiamanesh wrote in the motion.
Claiming he had been working with the “previous administration for years to find a solution,” Kiamanesh accused “the new administration” of “illogically and corruptly” seizing his “assets and machineries under eminent domain … .”
He also claims in the motion that “except for the lawyers … almost all city administration (sic) liked and approved our proposal to open Nashua Institute of Machining,” a proposed entity Kiamanesh alternately referred to as the Nashua Institute of Technology.
Whatever its name, Kiamanesh in his motion predicted that establishing such an institute would “not only save all the equipment, but bring tens of millions of dollars to the economy of the city.”
According to Colburn’s Wednesday order, meanwhile, all of Kiamanesh’s personal property, including any that is owned by his two firms, is ruled abandoned, giving the city the legal right to do what it wishes with it.
One option is holding a so-called “sheriff’s sale,” which gives litigants the opportunity to sell off the property to recoup, at least in part, costs associated with housing it.
City Deputy Corporation Counsel Celia Leonard said the city considered that approach last year, but scrapped the idea when representatives of the sheriff’s office said they were unable to establish legal ownership of the property.
On Tuesday, Kiamanesh telephoned the court about 15 minutes before the hearing was to begin, telling court officials he wasn’t able to be there – but he did have a doctor’s note.
Colburn weighed the development briefly before handing down her order in favor of the city.
Dean Shalhoup may be reached at 594-1256, email@example.com or @Telegraph_DeanS.