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MALL OWNERS SUE TENANT TO STOP CLOSING OF STORES.


Byline: Jim Skeen Daily News Staff Writer

Lancaster Factory Outlet mall's owner filed a $20 million lawsuit lawsuit: see procedure; tort.  Thursday seeking to stop five stores owned by Phillips-Van Heusen from closing.

High Desert Outlets Ltd. will seek 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.
 at a Nov. 6 court hearing to block Phillips-Van Heusen Corp. from closing 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 until the lawsuit is resolved.

``High Desert has filed this lawsuit to prevent closure of these stores, which would have a significant negative impact on the tax base of the city of Lancaster The City of Lancaster (2002 population: 133,914) is a local government district with city status in Lancashire, England. Its main town is Lancaster, from which it obtained its city status. Other towns in the district include Morecambe, Heysham, Slyne, and Carnforth. , the financial outlook of the center, the unemployment rate in Lancaster, and the financial stability of the economy in Antelope Valley This article is about the Los Angeles County region. For the census-designated place in Wyoming, see Antelope Valley-Crestview, Wyoming.

The Antelope Valley
,'' attorney Douglas Bordner said in a statement announcing the lawsuit filing.

Phillips-Van Heusen Corp. had signed five-year lease agreements for the stores, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the mall owners. On Oct. 11, the company sent a letter to the mall owners saying they were terminating the lease for the Gant store and reserving the right to terminate the other four leases.

The lease was being terminated on the basis the 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  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.

Phillips-Van Heusen officials could not be reached Thursday for comment.

In November 1995, when the second phase of the outlet mall opened, less than 50 percent of the available floor space was leased. At the time, Phillips-Van Heusen did not exercise its option to terminate the lease, the lawsuit said.

By not exercising its option to terminate when the second phase opened, the lawsuit said, Phillips-Van Heusen has waived its right to terminate the lease based on occupancy levels.

When the notice was sent Oct. 11, the mall had more than 70 percent of the floor space leased, the lawsuit said.
COPYRIGHT 1996 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1996, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Oct 25, 1996
Words:323
Previous Article:JUVENILE COURT COULD CLOSE : FATE OF AV DEPENDENCY FACILITY HINGES ON REMODELING PROJECT.(News)
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