Sears to Forbes and Palm Beach Gardens: pay our $2.1M legal tab for mall sublease lawsuit

City resolution preventing anchor tenants from subleasing their space without approval was ruled unconstitutional

Miami /
Apr.April 17, 2018 03:30 PM

The Sears store at Gardens Mall in Palm Beach Gardens

After winning a four-year legal battle over plans to sublease part of its store at the Gardens Mall in Palm Beach Gardens, Sears, Roebuck & Co. wants its landlord and the city to pay $2.1 million in legal fees.

The litigation dates back to 2014, when Sears sued the mall owner, Forbes/Cohen Florida Properties LP, for blocking its plans to sublease the second floor of the department store to Dick’s Sporting Goods.

A year later, Sears added the city of Palm Beach Gardens to the lawsuit, citing that a city resolution preventing anchor tenants from subleasing their space without their landlord’s approval.

R. Max Lohman, a Jupiter lawyer who represents the city, told the Palm Beach Post that the amount is “ludicrous” and “laughable.” He said he billed the city about $79,000 in total costs.

Sears, meanwhile, said it was billed $1.5 million from Denton law firm in Chicago and about $600,900 in attorneys’ fees from the Richman Greer law firm in West Palm Beach, according to the newspaper. Another $27,000 was billed for additional costs, including depositions, travel fees and subpoenas.

Over the summer, Sears successfully appealed a Palm Beach Circuit Court judge’s ruling that favored Forbes and the city of Palm Beach Gardens. The state appellate court ruled that the city resolution is unconstitutional. [Palm Beach Post] – Amanda Rabines


Related Articles

arrow_forward_ios
Jennifer Hyland, John Hackett and Pamela Liebman with the new office at 2000 PGA Boulevard in Palm Beach (Corcoran, Getty)
Corcoran opens Palm Beach Gardens office
Corcoran opens Palm Beach Gardens office
Gatsby FL president Babak Ebrahimzadeh and a rendering of 11200 RCA Center Drive in Palm Beach Gardens (LinkedIn/Babak Ebrahimzadeh, Gatsby FL, Getty Images)
Gatsby picks up Palm Beach Gardens mixed-use dev site for $17.5M
Gatsby picks up Palm Beach Gardens mixed-use dev site for $17.5M
From left: Monroe Capital’s Theodore Koenig, Steve Witkoff, HFZ's Ziel Feldman and Benny Shabtai with the Shore Club (Monroe, Witkoff, HFZ, Getty)
Judge awards $5M to Israeli mogul in HFZ lawsuit over failed Shore Club project in Miami Beach
Judge awards $5M to Israeli mogul in HFZ lawsuit over failed Shore Club project in Miami Beach
Peters + Hyland's Jennifer Hyland and Illustrated Properties' Vince Marotta with 14958 Palmwood Road (Peters + Hyland Group, LinkedIn, Google Maps)
Developers Robert and Myron Miller buy flipped waterfront Palm Beach Gardens mansion
Developers Robert and Myron Miller buy flipped waterfront Palm Beach Gardens mansion
Carillon Miami Wellness Resort at 6801 Collins Avenue in Miami Beach (Google Maps, Getty)
Z Capital loses attempt to slap Miami Beach condo owners with $8M assessment
Z Capital loses attempt to slap Miami Beach condo owners with $8M assessment
Domenic Gatto and Banyan Cay Resort and Club (Linkedin, Banyan Cay, Illustration by The Real Deal with Getty)
Developers of troubled West Palm resort project facing $61M foreclosure
Developers of troubled West Palm resort project facing $61M foreclosure
KAR Properties' Shahab Karmely and  Suffolk Construction's  Peter Tuffo with 2000 Ocean  (Suffolk, KAR, Getty)
Suffolk sues for $16M, alleging unpaid work at Shahab Karmely’s Hallandale Beach condo project
Suffolk sues for $16M, alleging unpaid work at Shahab Karmely’s Hallandale Beach condo project
From left: Witkoff’s Steve Witkoff and Monroe Capital’s Theodore Koenig with the Shore Club
Witkoff, Monroe sued over alleged “crooked and secretive land grab” of Shore Club in South Beach
Witkoff, Monroe sued over alleged “crooked and secretive land grab” of Shore Club in South Beach
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...