Legal battle between former business partners: Ocean Drive magazine founder Jerry Powers and Niche Media CEO Jason Binn, who bought Powers' media company two years ago.

Powers, 63, says Binn, 41, is trying to block him from publishing a nonprofit magazine by and for inner-city teens. The magazine is named IE(s2) -- Inspire, Enrich &Empower -- and the one and only issue is due out Tuesday. Binn, he says, claims the publication violates Powers' noncompete agreement with Niche Media, which publishes several magazines including Ocean Drive, Hamptons, Los Angeles Confidential and Vegas.

Powers wants an emergency hearing in Miami federal court.

Powers ran the volunteer summer project at the Overtown Youth Center at the suggestion of Alonzo Mourning, retired Miami Heat star and philanthropist. Mourning, 39, is OYC's chairman emeritus. The goal: ``teach the children how to tackle a project from start to finish'' and nurture entrepreneurial skills.

The teens created ``a magazine from scratch that would be published in time for the beginning of the new school year,'' says the suit, filed Wednesday by attorneys Bruce Rogow and Robert Gilbert. The 19 kids ages 12-18 learned to write, edit, design graphics, shoot photos -- and sell ads, $10,000 worth.

Some of the advertisers are Niche

Media customers, the suit says. But

Powers contends there is no noncompete

breach because IE(s2) is not a luxury magazine.

Powers' suit accuses Niche Media of ``intermeddling.'' He says Binn and his attorneys called OYC board chair Albert Dotson Jr., a lawyer, and threatened legal action.

Now, Powers claims, the mag is on hold. He asks the court to allow ``the immediate printing and distribution.''

Also at issue is the expiration date of the noncompete. Powers says it is Nov. 1, the two-year anniversary of Niche Media's acquisition of Ocean Drive Media Group -- and he plans to immediately ``reenter the luxury magazine publishing business.'' But Niche Media insists Powers is ``bound . . . through Feb. 17, 2011,'' two years from the date Powers left the company.

Niche Media attorney Michael Olin says Powers is using the youngsters and their magazine to wriggle out of the noncompete. ``Niche Media has been a longtime supporter of Overtown Youth Center and would never do anything to hurt the kids. This lawsuit has nothing to do with the kids. It has everything to do with Jerry Powers wanting to avoid his contractual obligations to his former employer. He has tried to put the kids at the center of this for public relations purposes.''

Niche Media also has a Nevada lawyer, Key Reid. His daddy is Senate Majority Leader Harry Reid, D-Nev.

Case is before U.S. District Judge Patricia Seitz.

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