Of Irish Buy Ups Lawyering Up and Up On a Ladder

BioMarin continues to grow, but this time it has nothing to do with its namesake county. The Novato-based company has shelled out $48.5 million for a 133,000-square-foot manufacturing facility in Ireland.
 
The new facility, in Shanbally, County Cork, was built in 2009 and is a former plant for drug giant Pfizer. But Pfizer is in the middle of restructuring after being acquired by Wyeth in 2009. It’s closing nine plants in Ireland that could wind up chopping 6,000 jobs. Ireland is in the midst of it own economic meltdown, and so it supported the BioMarin acquisition through its IDA Ireland program. BioMarin plans on adding 100 new jobs over five years.
 
The plant was acquired at a discount of about 80 percent of the replacement cost; that is, how much it would cost to build today. The price is a testament to the economic struggle going on in Ireland—and in Europe in general. BioMarin already has a distribution operation established in Dublin, so the plant acquisition makes sense.
 
BioMarin plans on manufacturing N-acetylgalactosamine 6-sulfatase (Galns). The company is currently going through a Phase Three clinical study for the drug, which it hopes to have in production by 2015.
The company’s 80,000-square-foot expansion in Novato’s Bel Marin Keys office park is expected to gain approval from the Food and Drug Administration for production by the end of the year.
 
Revenues for 2010 totaled $376 million, up from $324 million the year before. It also included the first profitable quarter for the company in its history.
 
The 900-employee company specializes in creating and selling “orphan” drugs, medications for conditions and diseases for which there are fewer patients and less competition. The drugs are known as biopharmaceuticals.
 

Ya gotta lawyer?

In the best tradition of Marin County, George and Charlene Bianchini have combined environmental awareness with a lawsuit. While the environment is king in the land of organic milk and artisan honey, having a kick-ass barrister on speed dial is not too far behind. But in the case of the Bianchinis, it’s not your stereotypical legal action (which too often arises out of a combination of too much time, too much money, bruised sensitivities or even boredom).
 
The couple is suing Matthew and Daniel Friedman, the former owners of Fair-Anselm Plaza in Fairfax. The lawsuit alleges that the former dry cleaner tenants of the space, now occupied by the Bianchini’s Broadway Video store, spilled and improperly disposed of the chemical perchlorethylene (PCE), a compound used in the dry cleaning business that’s been classified by the U.S. Department of Health and Human Services as a probable cancer agent.
 
The lawsuit alleges that the brothers Friedman were aware of the spill for a year but did nothing to remedy the problem. It also alleges the former center owners failed to let the Bianchinis or other tenants know of the problem.
 
County environmental officials became aware of the spill in 2001 and ordered a cleanup, signing off on the project the same year. The lawsuit charges that the effort by the Friedmans fell short of taking care of the problem. In 2009, the Bianchinis hired their own environmental testing company, which found PCE fumes. Those results brought the California Department of Toxic Substance Control calling, who instructed the Friedmans to find their checkbook to pay for more testing and investigation into exactly what kind of environmental threat exists.
 
The state says the original spill of five gallons of PCE resulted in 52 cubic yards of contaminated soil being removed.
 
The Bianchinis said in their lawsuit that they’ve suffered a number of health conditions they attribute to PCE exposure. They’re seeking $884,000 as compensation that’s been paid for their space, as well as unspecified cash in damages.
 
LRG Capital Group acquired the 40-year-old Fair-Anselm property last year through its LRG Capital Real Estate Partners I Fund.
 

City orders paint job

The tale of Pizza Orgasmica & Brewing Co. in San Rafael continues to be the gift that keeps on giving. The eatery caused some controversy by painting the pizzeria a very bright yellow, the same color as Brazil’s national soccer team’s jerseys.
 
Owner Taylor Maia said the city was picking on his Brazilian heritage by ordering the restaurant to tone down the color. This remark, according to the Marin Independent Journal’s account of the meeting, triggered Design Commissioner Larry Paul to say, “Id like to express my concern that there were accusations of bias and racism, and I don’t think this happened here at the city. It was just a misconception of the applicant because he was not hearing what he wanted to hear. I will vote against this motion because…. I have no idea what we are approving.”
 
Which is just good government—and much better than voting for something when you have no idea what you’re approving.
 
The Design Review Commission had suggested a number of new colors that might be used, such as “Summer Harvest,” “Bicycle Yellow” and “Sun Shower.” After better than an hour spent on color choices, Maia’s spirit appeared broken: “I have no problem. These guys can go to Home Depot and pick up a color for me. I’ll paint any color you want.”
 
But he also lamented that the city might have other things beyond his paint job to worry about, pointing out that the building he’s in now was empty for four years. Now it’s busy and generating sales tax and jobs for San Rafael, he said.
A worthy observation.
 
Bill Meagher is a contributing editor at NorthBay biz. His ancestors were from County Cork and left in a hurry during the revolution. He never had a shirt dry cleaned in Fairfax, he works in Petaluma, and confesses that he can’t tell Bicycle Yellow from Lawnmower Yellow. You can reach him at bmeagher@northbaybiz.com.

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  • Bill Meagher

    Bill Meagher is a contributing editor at NorthBay biz magazine. He is also a senior editor for The Deal, a Manhattan-based digital financial news outlet where he covers alternative investment, micro and smallcap equity finance, and the intersection of cannabis and institutional investment. He also does investigative reporting. He can be reached with news tips and legal threats at bmeagher@northbaybiz.com.

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