The Law Archive Index

Fault Standoff (6/20/2010)

by Ron Davis

Efforts to pinpoint blame for a construction worker’s near-fatal fall from the roof of an Ohio shopping center have resulted in a standoff.

The shopping center that was the scene of the accident is the Jeffersonville Prime Outlets in Jeffersonville. And the worker who suffered severe injuries there

Forever, Whatever (6/6/2010)
The neighbor of a Connecticut shopping center can keep the parking spaces that the center’s owners have generously granted the use of since 1978 but now want returned.

Refined Design (5/23/2010)
Stiff opposition to changes in the approved construction plans of a California shopping center has not prevented approval of the project. That’s because those changes involve only the shopping center’s design, not the size.

Criss Cross Confusion (5/3/2010)
A commercial bank has failed in its efforts to force an Indiana shopping center owner to accept the financial obligations of a related shopping center property.

Status Quo Prevails (4/25/2010)
Expansion plans of a California shopping center owner are stymied by a co-owner that prefers the status quo.

Center Fights Roadway Change (4/18/2010)
A controversial traffic plan whose approval would create major problems for a Connecticut shopping center has hit a dead-end.

Positively Adverse Possession (4/11/2010)
A disputed strip of land lying between a New York shopping center and a neighboring business that claims the property finally belongs to the center’s owners.

Bad Trip Faller’s Fault (4/5/2010)
Blame for a shopping center customer’s injury caused by an “open and obvious danger” usually has a predictable outcome. But as a recent Ohio lawsuit proves, the path to the predictable can have some hairy turns.

Inc. Spoils Suit (3/29/2010)
A simple error in the choice of one word can sometimes make all the difference in the outcome of a lawsuit resulting from an accident at a shopping center.

Dry Cleaner's Toxic Leak (3/21/2010)
Dangerous contaminants that leaked into the ground at a Connecticut shopping center will cost the tenant responsible for the leakage a huge outlay of money for the cleanup.

Planning Board Over-Reaches its Grasp (3/14/2010)
The backing of local authorities for the controversial construction of a New Jersey shopping center on property zoned residential has not aided the plans of the center’s developers one bit.

The $33,000 Question (3/8/2010)
Is a shopping center tenant bound by the terms of a lease even after the lease expires?

No Mulligan for Golf Cart Case (2/21/2010)
The victim of a bizarre golf-cart accident at a Louisiana shopping center has won a major settlement as a result of the injuries she suffered.

Slip-and-Fall Suit Falls on its Face (2/7/2010)
Shoppers must sometimes assume at least some of the risk they run when they venture forth in foul weather.

Dark Anchor, Happy Rainbow (2/1/2010)
A strict interpretation of a lease has forced the owners of a Michigan shopping center to accept a reduced amount of rent from one of their tenants.

DEP-System Trumps Objectors (1/24/2010)
Approval of a method of sewage disposal means that the last barrier no longer stands in the way of developing a new shopping center in Drumore, PA.

Appraising the Situation (1/11/2010)
An appraisal of a Minnesota shopping center that aims to reduce the property’s tax bill has flunked a major test.

About Race, About Face (1/3/2010)
Were African-American youths singled out for harassment by security personnel at a West Virginia shopping center because of their race? Or did the actions of the youths violate the center’s code of conduct, thus warranting the attention of the center’s security for reasons that are nondiscriminatory?

Waiving Rights Goodbye (12/20/2009)
Can an oral agreement negate the written provisions of a shopping center lease? That question begs for an answer to settle a dispute between a Florida shopping center owner and a tenant.

Check Back on That (12/13/2009)
A disputed $32,584 payment that a tenant sent in error to the former owners of a Georgia shopping center must go back to the tenant.

The Fall of the...Usher (11/29/2009)
Where does a shopping center’s property start and a tenant’s property end? Much was at stake in a judge’s recent review of facts when answering that question.

Secret Lease Addendum: Fail (11/22/2009)
A signer of a shopping center lease on behalf of a tenant is not always obligated if the tenant later defaults on the lease terms.

Icing Issues (11/15/2009)
A decision in a notable shopping center lawsuit has benefitted an Indiana court in ruling on a more-recent case based on similar circumstances.

What’s Just Compensation? (11/8/2009)
Officials of a California county are finding that claiming a right-of-way across a local shopping center property can be difficult—and perhaps more costly than expected.

Mall Cops and Minor Crime (11/1/2009)
Security personnel at a Wisconsin shopping center used quick response and expertise to nail a juvenile who stole a car from the center’s parking lot.

Who Takes the Fall? (10/25/2009)
Round two in a New Jersey trip-and-fall lawsuit goes to the owners of the shopping center where the accident occurred.

Mugging Not Center’s Fault (10/18/2009)
Lack of evidence of criminal activity at a New Jersey shopping center has helped its owners avoid blame for not preventing a mugging attempt in the center’s parking lot.

Can’t Reassign a Lease in Default (10/4/2009)
Did efforts to re-lease vacated space at a Washington shopping center have to comply with demands of the tenant that previously occupied those premises?

Jerman Fights Cookie Tax (9/27/2009)
Debate over a Texas sales tax that applies to food servers has swung in favor of a shopping center cookies vendor that is protesting the tax.

You Can't Beat Walmart (9/20/2009)
Walmart’s expansion plans at an Ohio retail complex have apparently cleared the final hurdle that will allow construction to proceed despite objections to the expansion.

The Walmart store, located in Beavercreek, wants to add 60,000 square feet to two sides of the existing building. The added space will allow the store to begin offering groceries and related items for sale to customers.

(Re-) Let it Be (9/13/2009)
Demands that a tenant make special concessions to continue leasing the premises it occupied for 12 years have backfired for an Illinois shopping center owner.

A Concession Stand Off (8/30/2009)
Demands that a tenant make special concessions to continue leasing the premises it occupied for 12 years have backfired for an Illinois shopping center owner.

Beer-Wine-Drug Combo Nixed (8/23/2009)
Proximity to schools has thwarted plans to add a beer-and-wine retailer to the offerings of a Massachusetts shopping center.

Bar None (8/16/2009)
Plans of a California shopping center tenant to convert his leased premises from a restaurant into an unauthorized bar have bombed.

No Proof, No Case (8/9/2009)
The buyer of a Texas shopping center has failed to prove his charges that the center’s seller committed fraud and deception during the sales negotiations.

Separate Leases, Separate Terms (8/2/2009)
Plans to oust an unwanted tenant from a New York shopping center have not worked out as the center’s owner obviously hoped.

Blight Fight (7/26/2009)
Payment of $10.2 million will go to the owners of a city-appropriated Ohio shopping center. But so far none of the center’s major tenants can share in the bounty.

Broker Loses Midas Touch (7/19/2009)
Efforts of a Texas loan broker to obtain financing for development of a Dallas shopping center never really got off the ground, much to the dismay of the broker.

Minor Shoplifting Issues (7/12/2009)
Confronting a minor who may be shoplifting is nearly always a delicate task for the accuser. That’s especially true if the confrontation turns physical.

Bad Trip Not Store’s Fault (6/28/2009)
A hazard that existed for only seconds has created major legal problems for Big Lots Stores, Inc., following a trip-and-fall incident.

After Hours Death Not Alley’s Fault (6/21/2009)
A stabbing death at a Los Angeles shopping center has raised the issue of the duty of a center’s owner and tenants to protect their patrons.

Paying the Price for Shoplifting (6/15/2009)
The value of goods shoplifted at a New Jersey shopping center has determined the prison sentence that the apprehended thief must serve.

Insuring Trouble (6/7/2009)
Failure of a tenant to provide proof of insurance on his leased shopping center property in the Fort Worth, TX, area has forced the tenant’s business to shut down.

No Harm, No Foul (6/1/2009)
Charges of foul play in the sale of a California shopping center have proven unsuccessful for a potential buyer of the property.

Plumber in the Hot Seat (5/17/2009)
An explosion at a shopping center in the Phoenix, AZ, area has put the plumbing contractor responsible for the calamity on the hot seat.

Transfer=Tax Trouble (5/1/2009)
Confusion over the “transfer” of a San Antonio, TX, area shopping center from one investor to another has prevented a legal appeal of a tax assessment of the property.

Too Late for Second Thoughts (4/26/2009)
Did pressure on the part-owners of a California shopping center to consent to residential construction on their property violate their free-speech rights?

Free Parking (4/19/2009)
Patrons of a New York restaurant can continue to park in a designated section of an adjacent shopping center despite objections of the center’s new owners.

A Sign of Trouble (4/12/2009)
The outright purchase of an Arizona shopping center parcel has not favored the buyer in a conflict over control of a display sign located on the property.

Sad, But Not Fraud (4/5/2009)
Were residents of a Missouri community illegally duped by a developer’s proposal to buy their property to build a shopping center?

Booze Biz Gets Thumbs Up (3/29/2009)

Using The Pessimism Defense (3/22/2009)

Too Late to Remediate (3/16/2009)

New Roof’s No Protection (3/8/2009)

Shortcuts and Abrasions (3/1/2009)

A Taxing Situation (2/23/2009)

Off-Premise Crimes Don’t Count (2/8/2009)

Get it in Writing (2/1/2009)

Overtaxed (1/18/2009)

Giant Faces Down Sam's Club (1/11/2009)

Water Wars (1/4/2009)

Cash or Coupons = Compete (12/20/2008)