Attorneys for Penney Property Sub Holdings LLC, which owns the Elizabethtown JCPenney, and for Linnick Investments LLC, which owns the Towne Mall, were in Hardin Circuit Court Tuesday morning.
Zachary VanVactor with Stites and Harbison PLLC, representing Penney Property Sub Holdings, asked the court for a hearing on a temporary injunction along with an emergency restraining order to stop work on renovations at the Towne Mall property. VanVactor said the change of the design of the mall from an indoor to an outdoor retail space violates JCPenney’s lease. The attorney said the lease gives JCPenney the rights as an anchor tenant to have input on the design of the facility, and the store’s access to the rest of the mall has been walled off. VanVactor said the restraining order is necessary as each day that progresses with more work means more damage to JCPenney’s anchor rights.
Corky Coryell with Wyatt, Tarrant, and Combs LLP, representing Linnick Investments, said the JCPenney company has known about the redesign plans since the beginning of the year, and Coryell said at the time they were informed the company said they were thrilled with the potential the design offered for the property. Coryell said the wall blocking the entrance to JCPenney went up in July, and the store has installed shelving on the wall and is selling merchandise on it. The attorney said no objection was raised on the construction until a rent concession request was denied two weeks ago. Coryell said stopping the work on the mall now potentially jeopardizes nearly $10 million in possible commitments from future tenants.
Hardin Circuit Judge Larry Ashlock denied the request for a restraining order, as the judge said the work that JCPenney wanted stopped has already taken place, and both parties would still have the potential to seek damages through a later breach of contract case. Judge Ashlock did grant the request for a hearing on an injunction, which was scheduled for Thursday, October 17 at 1 p.m.
