COMMISSIONER REJECTS PLEA TO STOP STORES FROM LEAVING AREA OUTLET MALL.Byline: Jim Skeen Daily News Staff Writer A request for a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. to stop five stores from pulling out of the Lancaster Factory Stores outlet mall An outlet mall (or outlet centre) is a type of shopping mall, in which manufacturers sell their products directly to the public through their own branded stores. Clothing, sporting goods, electrical products, cosmetics, and toys are among the types of items sold at outlet was denied Wednesday by a court commissioner. The injunction injunction, in law, order of a court directing a party to perform a certain act or to refrain from an act or acts. The injunction, which developed as the main remedy in equity, is used especially where money damages would not satisfy a plaintiff's claim, or to request was denied by Lancaster Superior Court Commissioner Ross Amspoker after a hearing Wednesday. High Desert Outlets, Ltd., owners of the mall, had sought to block Phillips-Van Heusen Corp. from closings its Izod, Geoffrey Beene Geoffrey Beene (August 30 1924 – September 28 2004) was an American fashion designer. Beene was born in Haynesville, Louisiana. He studied medicine at Tulane University, but dropped out in 1946, after three years. , Gant, G.H. Bass and Van Heusen stores at the mall. ``High Desert Outlets will pursue this lawsuit lawsuit: see procedure; tort. and will seek substantial damages,'' said attorney Doug Bordner. The owners of the Lancaster Factory Outlet mall filed a $20 million lawsuit against Phillips-Van Heusen Corp. on Oct. 24. Phillips-Van Heusen officials did not return phone calls. Phillips-Van Heusen Corp. had signed five-year lease agreements for the stores. On Oct. 11, the company sent a letter to the mall owners that they were terminating the lease for the Gant store and reserving the right to terminate the other four leases. Phillips-Van Heusen said it was terminating the lease because the outlet mall had not lived up to a requirement to keep at least 70 percent of the available floor space leased. The notice said 65.7 percent of the mall's 167,175 square feet had been leased. But the outlet mall owners said in the lawsuit that more than 70 percent of the floor space was leased when the notice was sent. Less than 50 percent of the available floor space was leased when the second phase of the mall opened in November 1995, but at the time Phillips-Van Heusen did not exercise its option to terminate the lease, the lawsuit said. By not exercising the option Exercising the option The act of buying or selling the underlying asset via the option contract. to terminate in 1995, the lawsuit said Phillips-Van Heusen has waived its right to terminate the lease based on occupancy levels. |
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