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Old 11-11-2009, 04:10 AM
 
383 posts, read 823,813 times
Reputation: 213

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His argument that the mall is public property is idiotic.

JohnsonCityPress.com - Local News - Johnson City, TN


"The merchant who sold anti-Obama merchandise from his kiosk at The Mall at Johnson City and whose lease was terminated has filed a lawsuit in Washington County Chancery Court against the mall and the company owning it. Dan Fuchs has filed a complaint against the mall and Glimcher Realty Trust, the Ohio-based company which owns the mall, and is seeking damages for lost profits and emotional stress he says was caused when the mall terminated its lease with him. An amended complaint was filed Thursday afternoon in Chancery Court."
Moderator cut: croped for copyright issues

Last edited by mbmouse; 11-11-2009 at 07:24 AM..
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Old 11-11-2009, 04:15 AM
 
15,764 posts, read 28,857,797 times
Reputation: 19563
I saw that on the news last night. The only surprise here was that it took this long for him to file. I can't wait to hear the legal arguments on this one. Should be interesting.
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Old 11-11-2009, 06:51 AM
 
Location: Gray, TN
2,165 posts, read 3,966,464 times
Reputation: 911
Sounds like the lease he signed allowed the mall to terminate him for any reason. He admits that SCOTUS has set precedent on the issue so his lawsuit is already dead in the water if he's pursuing the free speech angle.

The only way he can win is in the court of public opinion or if the mall violated his contract. I'm guessing he hopes that this case will make national news and that will somehow pressure the mall into honoring his contract. Good luck to him.
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Old 11-11-2009, 07:31 AM
 
426 posts, read 1,160,425 times
Reputation: 126
Quote:
Originally Posted by rccrain View Post
I'm guessing he hopes that this case will make national news and that will somehow pressure the mall into honoring his contract. Good luck to him.
Or offer him a settlement. $$$ to go away
Could make more money that way than selling bumper stickers and t-shirts for a few bucks a pop.
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Old 11-11-2009, 07:37 AM
 
Location: Beautiful East TN!!
7,281 posts, read 19,598,481 times
Reputation: 2765
I am no lawyer, but you would think his lawyer would have counseled him to go for the breach of contract and or wrongful lease termination and add the free speech and loss of income stuff in as good measure. Yes, the mall has the right to terminate the lease for any reason (as long as that is written in his lease, which it more than likely was) but each county has laws on the length of time you have to give a tenant to vacate the premises, this trumps anything written in the lease. I know in Greene County (where I was a property manager and have been to court many times to evict people) it is 30 days. We originally had 10 days written our leases and the judge said I had to give 30 no matter what the lease said, so we changed it. What he had the mall dead to rights for (in my opinion) is how they terminated the lease, the fact that they gave him less than 8 hours to vacate and that was after he took down the anti Obama stuff, which was their complaint about his lease and why they terminated it.
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