Washington Business Journal Details White Flint Mall/Lord & Taylor Battle

Washington Business Journal Details White Flint Mall/Lord & Taylor Battle

Curious why White Flint Mall hasn’t been demolished? This detailed article, White Flint Mall and Lord & Taylor both accuse each other of good old-fa…, in the Washington Business Journal discusses the protracted legal battle between Lord & Taylor and Lerner Enterprises.
If you don’t have time to read this lengthy article, I’ve listed some highlights below:
  • Lord & Taylor’s lawsuit against White Flint will mark its two-­year anniversary this July, delaying the mall’s redevelopment and likely costing both sides millions of dollars in legal fees and related costs.
  • “I think all of us in Montgomery County want this matter resolved so the redevelopment can move forward,” said Montgomery County Councilman Roger Berliner
  • Representatives for Lord & Taylor allege White Flint didn’t just let the mall fade away but rather precipitated its demise as an enclosed mall to tear it down and redevelop it into a town center.
  • Federal Court Judge Roger Titus, in a December 2013 ruling, denied Lord & Taylor’s request for an injunction, finding the loss of tenants and state of the mall, which at that point included the demolition of the former Bloomingdale’s, was too far along for the mall to be restored and that Lord & Taylor’s lawsuit could be addressed through financial damages instead. This past March, the Fourth Circuit Court of Appeals upheld Titus’s finding.
  • The retailer has engaged in “guerilla warfare,” the mall asserts, by attempting to block its requests for demolition permits to tear down its exterior. “It has genuinely hurt the business relationship dramatically and significantly between White Flint and Lord & Taylor,” White Flint attorney Scott Morrison said. “What Lord & Taylor’s doing now, frankly, is outrageous. This redevelopment is going to occur. They’ve cost White Flint by their conduct, already, millions and millions of dollars due to the delay and the legal fees and the carry on the property. It’s a travesty, really.”
  • Morrison also said, “We want the redevelopment to be a success. We always assumed that they wanted it to be successful, and the way to make it successful is for them to cooperate with us. We don’t want to hurt Lord & Taylor. Remember, we want a redevelopment that works. We spent a year and a half with the highest executives of Lord & Taylor and their consultants to try to do just that.”
  • The mall site has been approved for more than 2,400 residential units, 1 million square feet of office, another million square feet of retail, a 300­-key hotel and a little less than 17 acres of open space.


Amy Ginsburg


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