Dept. Store Blocks Use of Easement to Stifle Competition
Developer Grand Sakwa Properties LLC sued Sears for access to the 28 ft. wide driveway, which is necessary for them to to redevelop the blighted strip mall next door. Sears won the suit, and was given permission to do as they like with the easement.
Of the 26 retail spaces in the strip mall, only 7 are currently occupied, including a GameStop, Dollar Tree, and a Payless Shoe Source. Grand Saskwa says that lack of access to the easement means they'll have to change their plans and most likely demolish the whole site and replace it with a big box.