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To: Mark was here
The mall owner is within his rights.

That may or may not be the case. The owner does not have a right to violate his contractual obligation. (I realize that there are "no cause" options sometimes. We have no information from the article. But, Mr. Fuchs should have a lawyer take a look at the thing)

36 posted on 09/26/2009 5:37:54 AM PDT by don-o (My son, Ben - Marine PFC- 1/16/09 - Parris Island - LC -6/4/09 - 29 Palms - Camp Pendleton 6/18)
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To: don-o

I would bet there is a clause in the contract that allows the mall to terminate the lease for “just cause.” The way to be successful in this lawsuit is to file and then during discovery ask for documentation of customer complaints. Also ask for documentation of complaints filed against other merchants regarding objectionable merchandise and a list of other tenants who have had there leases terminated because of customer complaints.

The way to fight this is to show the mall’s actions were capricious and arbitrary and there is no consistency in it’s enforcement. Chances are there is no documentation regarding complaints about his merchandise and there have been no other tenants whose lease has been terminated for “just cause.” This is how we have to fight back. Make the argument that the only reason the lease was terminated was because of a political agenda. It’s time folks we start using the left’s tactics against them.


38 posted on 09/26/2009 5:47:37 AM PDT by offduty (Joe Biden is still looking for the video tape of FDR's address to the nation.)
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