The Fish House Lawsuit Documents

January 14, 2014

We also have a copy of the lawsuit of Merrill Land and Great Southern Restaurant Group against the city of Pensacola.

The two companies are also seek a declaratory judgment from the court:

Merrill Land and Great Southern request that this Court make such declarations and rulings to resolve the issues in dispute between Seville Harbour and the City, including, without limitation, that:
a. Seville Harbour is not in default under the Lease Agreement;
b. Seville Harbour properly renewed the Lease Agreement;
c. The Sublease Agreement between Seville Harbour and Merrill Land is a
sublease, and not a partial assignment of the Lease Agreement;
d. Neither Merrill Land nor Great Southern are a “subsidiary” or “business combination” of Seville Harbour;
e. Great Southern is neither a “subsidiary” nor a “business combination” of Merrill Land;
f. Merrill Land is neither a “subsidiary” nor a “business combination’ of Great Southern;
g. Even if the Sublease is a partial assignment, Merrill Land is not obligated under the Lease Agreement to pay rent to the City based upon the gross sales of the restaurants operated by a sub-subtenant, Great Southern;
h. The allegations and assertions made by the City in Exhibit 15 are inaccurate and erroneous;
i. The City is obligated to pay Merrill Land’s attorneys’ fees and costs for instigating the controversy necessitating the commencement of this action because the City contends (although Merrill Land denies) that the City is in privity with Merrill Land under the Lease Agreement, and therefore the City is estopped to deny or contradict the effect of Article XIV of the Lease Agreement;
j. The City is obligated to pay the attorneys’ fees and costs of Merrill Land and Great Southern pursuant to the “wrongful act doctrine;” and
k. That the appraisal provision relating to Parcel I-A in part II.B of the Lease Agreement is of no current effect since the City is no longer leasing from the State of Florida and therefore no amount has been “charged to” the City by the State of Florida.

The two companies ask for a jury trial on Tortious Interference with Advantageous Business Relationships and Slander of Title.

Here are the first 13 pages of the lawsuit: Merrill Land Complaint
Disclosure: Collier Merrill, who is one of the owners of Merrill Land and Great Southern Restaurant Group, has a 5 percent shareholder interest in the Independent News.

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