United States Fourth Circuit

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Lord & Taylor v. White Flint, 13-2548

In this case, plaintiff has operated a retail store for many years connected to defendant's enclosed shopping mall (the Mall). In October 2012, the Montgomery County Council approved plans to tear down the mall and redevelop the site into a mixed-use town center. Plaintiff filed this action to prevent defendant, the Mall's owner, from going forward with the redevelopment. Plaintiff seeks declaratory relief and a permanent injunction prohibiting defendant from replacing the Mall with the proposed town center. The district court denied plaintiff's request for relief, concluding that an injunction would be unworkable in light of the already advanced stage of the project. The judgment of the district court is affirmed, where: 1) were the district court to grant the injunction, it would be required to supervise the repopulation and restoration of the largely vacant mall, or it would otherwise be forced to suspend the site in its current unusable state; and 2) as such, there is no grounds for disturbing the district court's reasoned exercise of its equitable discretion.

Appellate Information

  • Decided 03/04/2015
  • Published 03/04/2015

Judges

  • Harris

Court

  • United States Fourth Circuit

Counsel

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