Bank given go-ahead to foreclose on cannery building in Port Townsend

PORT TOWNSEND — Columbia State Bank has been given the green light to foreclose on the Clam Cannery building.

U.S. Bankruptcy Judge Marc Barreca signed an order Wednesday that gives the bank authority to conduct a foreclosure sale of the property Aug. 26.

Kevin Harris, the owner of the renovated building at 111 Quincy St., which is now an upscale waterfront hotel, is optimistic he can find investors before the scheduled sale so the hotel will continue to operate.

However, Harris was unable to meet a July 13 deadline to provide “a firm commitment by an investor to make a cash investment in the property” as stipulated in an earlier order by Barreca.

“We’ve got quite a bit of funding lined up, but we’re a little short,” Harris said Thursday.

“We’ll continue to press forward. It’s not over until it’s over.”

Columbia State Bank planned to conduct a trustees’ sale of the property in December 2010, but Harris filed for bankruptcy, halting the bank’s efforts.

The matter has been in bankruptcy court since then.

An attorney familiar with bankruptcy proceedings said Harris’ only option now may be to sell the building outright, but he would have to do so before the Aug. 26 date.

In a separate matter, Harris has sued Columbia State Bank for breach of contract, claiming Columbia Bank changed the rules midstream on its loan to Harris.

A four-day trial is set to begin Feb. 21 before the same bankruptcy judge.

In that lawsuit, Harris maintains that American Marine Bank, which was taken over by Columbia Bank when federal regulators closed it down in 2008, had unjustly halted Harris’ efforts to sell portions of the Clam Cannery as condominiums and had insisted on having a say in business matters of the Harris’ company, Quincy Street at the Dock LLC.

Harris seeks damages to be determined at trial against Columbia Bank.

The foreclosure sale will have no bearing on that proceeding, however, because Barreca’s order clearly states that the bank has the “unconditional” right to exercise its foreclosure.

Harris said he isn’t taking reservations for the Clam Cannery past the Aug. 26 date.

“The bottom line is I have to move forward until I can’t any more,” Harris said.

The uncertain circumstances surrounding the bankruptcy have already negatively impacted Clam Cannery bookings.

Chelsea Patten of Walla Walla said she planned to hold her wedding in October at the Clam Cannery but decided to change to a venue in California due to the uncertain future of the business.

“My fiance and I actually decided a few weeks ago to not plan our wedding at the Cannery,” Patten said.

“We just couldn’t wait any longer to book a date, and we still hadn’t received word about the bankruptcy status.”

Patten said she loves the Clam Cannery building and hopes for the best for Harris’ future as well as the future of the hotel.

“I sincerely hope whoever purchases it from the bank has an interest in the building’s integrity and character as well,” she said.

“It would be so unfortunate to see such a beautiful building not put to good use.”

________

Philip L. Watness is a freelance writer and photographer living in Port Townsend. He can be reached at whatnews@olypen.com.

More in News

Fred Rix of Port Angeles, right, looks over floral arrangements with Ann O’Neill, an employee of Angel Crest Gardens of Port Angeles at a temporary stand at First and Race streets in Port Angeles on Valentine’s Day. Rix said he wanted roses for his wife, Wendy Rix, for their 55th wedding anniversary. (Keith Thorpe/Peninsula Daily News)
Valentine’s roses

Fred Rix of Port Angeles, right, looks over floral arrangements with Ann… Continue reading

Port Angeles-owned Lancashire Heeler “Ki” poses with handler and co-owner Chelsy Pendleton of Utah with their ribbon. Ki placed as Best of Opposite Sex at the 149th annual Westminster Kennel Club Dog Show.
PA dog places at famous show

Lancashire Heeler wins ribbon at Westminster

x
Nominations open for Community Service awards

Forms due March 25; event scheduled for May 1

Poplars to be removed in spring

Boat Yard expansion part of larger project

Jeffco Aquatic Coalition launches pool survey

Results intended to inform design process

Voters approving all Peninsula school measures

Sequim bond passing with required supermajority

A snow-covered Mount Angeles is seen from Black Diamond Road a few miles south of Port Angeles. While the Peninsula has seen temperatures below freezing this week, a warming trend is expected by this weekend with highs reaching the upper 40s and overnight lows in the 30s. (Dave Logan/for Peninsula Daily News)
Winter snowscape

A snow-covered Mount Angeles is seen from Black Diamond Road a few… Continue reading

JoAnn declares bankruptcy; Port Angeles store to close

The Joann fabrics and crafts store in Port Angeles… Continue reading

Cheri Sanford of Port Angeles, right, hands a piece of metal debris to her grandson, Damien Millet, 9, after it was located with a metal detector and dug from the sand at Hollywood Beach in Port Angeles on Wednesday. They were combing the beach in search of whatever hidden treasures they could find. (Keith Thorpe/Peninsula Daily News)
Beach combing

Cheri Sanford of Port Angeles, right, hands a piece of metal debris… Continue reading

Six Peninsula school measures passing

Sequim voters approve bond, levy