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In a lawsuit filed March 27 in U.S. District Court, LLC and both wholly owned subsidiaries of national department storechain Dillard’zs Inc. — asked the courr to void its contractual obligations to including paying rent on the remainder of its Before the lawsuitwas filed, Dillard’s announced that it plansx to close both its two-level stores withijn the mall, one focused on men’s clothing and the other on women’s fashion and home Dillard’s lease for the men’s store expires in 2017, while it owns its women’sx store but pays Highland Mall for common area maintenance and othe r charges.
In their Highland’s owners deny Dillard’s allegations in its lawsuit andclaim Dillard’s is in breach of its lease for chronically failing to pay common area and othedr charges starting in October 2006. The countersuit also claims Dillard’s, in order to get out of its began letter-writing and public media campaigns in late summerr 2008to “discredit Highland Mall in the eyes of consumersa and potential tenants.” Dillard’s sought to “convince the publicf and prospective tenants that Highlanf Mall is deteriorating and an undesirable placr to shop or open a business...
anr [misinform] the public about the quality of Highland its safety and its tenant mix, the countersuit The suit claims that the mall lost prospectivr tenants as a result of Dillard’s The mall’s owners ask for a declaratorhy judgment, attorneys’ fees and damages related to Dillard’s alleges breach of contract, “business disparagement” and “interference with businesss relations.” Dillard’s attorney, Brock Akers at Phillipsa & Akers PC, could not immediately be reacher for comment.
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