In August, when Simon Property Group filed a breach of covenant suit against Starbucks for attempting to close 78 Teavana stores in Simon malls, one legal expert said Simon was drawing a line in the sand.
The bold move paid off for the premium mall owner when an Indiana judge temporarily barred Starbucks from executing the store closings. In a 55-page order, Judge Heather Welch opined that Starbucks was better positioned to sustain the $15 million hit for five months’ rent than Simon was.
“We are disappointed in the judge’s ruling and will continue to focus on finding a resolution,” Starbucks communicated in a statement.
Attorney Dana Kreis Glencer, a leasing specialist at the firm of Dawda Mann in Detroit, told Chain Store Age that Simon’s suit was filed on solid ground.
“Simon may be looking for a settlement, or they may be looking to create some good case law: ‘You violated your covenant to operate and you have to operate,’” she said.
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