Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, December 8, 1993 TAG: 9312080238
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
SOURCE: SANDRA BROWN KELLY STAFF WRITER
DATELINE: LENGTH: Medium
Pet Tech Inc., which operates as Pets Plus, wants Valley View Associates to pay it $100,000 plus costs and interest in settlement of alleged overcharges. The amount of overcharges in question is not stated in the suit.
John Edwards, attorney for Pets Plus operators John Fisher and Shirley Fisher, said he is asking for documentation from the mall owner to determine the total of disputed overcharges.
The suit, filed in U.S. District Court in Roanoke, said the overcharges have taken place ever since the shop's lease was granted in 1985.
Pet Tech says the mall owner has "consistently" charged more than the going rate for electricity, although the lease establishes that the mall cannot charge more than the regular consumer rate.
The suit also says the tenant was charged excessively for its pro rata share of upkeep of the public area of the mall and security costs. Leases for space in shopping centers and malls generally call for merchants to pay a portion of the upkeep of common spaces, joint advertising and other costs, in addition to their rents.
Valley View Associates is a limited partnership that owns the mall. Its general partner is Henry Faison, the mall's developer.
Mike Cox, asset manager for Faison's company, said Tuesday that he had not seen the suit. He confirmed that an audit of mall leases resulted in some tenants getting rebates and others being assessed back charges.
He said the amounts involved went from $15 "upwards."
Scott Adams, leasing manager for Valley View and also part of the Charlotte staff, said the audit covered several years and found some leases in which the method of charging was incorrect.
A mall tenant who did not want to be identified said some tenants have reacted to the charges by seeking independent audits.
by CNB