Motion denied

Earlier this month, Deckboss told you how the landlord out on Adak had told the new occupant of the island's lone fish plant to get out.

Or be thrown out.

Well, the latest twist in the drama is that Adak Seafood, which in November bought the former Adak Fisheries operation out of bankruptcy, asked for a temporary restraining order to prevent landlord Aleut Enterprise from "hindering" the plant.

Lawyers for Adak Seafood said the company is trying to start up the processing plant for this fishing season, but Aleut has refused to provide electricity or fuel to the plant, or provide access to the pier.

"Such actions are currently causing Adak Seafood significant damage, and if not immediately enjoined, will cause damage to all fishermen seeking to offload without traveling back to Dutch Harbor or dealing with Trident," says the motion for the restraining order.

Trident Seafoods Corp., an unsuccessful bidder for the Adak plant, is expected to send a processing ship to the Adak region.

Aleut Enterprise President Rudy Tsukada, in a written declaration filed with the court, said his company has "developed a lack of trust for the present management of Adak Seafood."

The management "is essentially the same as the previous management for Adak Fisheries," which ran up an unpaid fuel bill of about $700,000, Tsukada said.

So yes, he said, Aleut Enterprise's fuel subsidiary, Adak Petroleum, did cut off fuel sales after Dec. 31, which is when Aleut contends the lease expired on the plant property.

As for electricity, well, TDX sells power on Adak, not Aleut Enterprise, Tsukada noted.

Further, Tsukada said that while he doesn't believe Adak Seafood has access rights to the dock under the "expired" lease, Aleut Enterprise "has not locked it out."

OK.

So, yesterday in Anchorage, a hearing was held on Adak Seafood's motion for the restraining order against its reluctant landlord.

Motion denied, said U.S. Bankruptcy Judge Donald MacDonald.

Not sure where this thing goes from here, folks. Could get ugly.