Lerner Enterprises and The Tower Cos. filed a notice Tuesday in the U.S. Court of Appeals declaring their intention to appeal a verdict handed down by a U.S. District Court jury in August.
As you probably know, the jury awarded Lord & Taylor $31 million in damages, deciding the mall’s owners broke their contract to maintain the mall as a first-class shopping center until 2042. The monetary award is to make up for the lost profits Lord & Taylor claimed.
The mall’s owners hope to convince the U.S. Court of Appeals for the Fourth Circuit that the U.S. District Court jury in Greenbelt should have gotten the chance to consider how much money Lord & Taylor stood to make when and if the mall is redeveloped.
According to the Washington Business Journal, Scott Morrison, an attorney for the mall owners, said, “We think it was grossly unfair for Lord & Taylor to estimate future losses without allowing us to present evidence of how much money it would have made. It was like arguing with handcuffs on.”
On another note, here are some photos from Greater Greater Washington showing the parking garages at the mall coming down.