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Remaining stores hurt by mall project, lawsuit says

10.06.2008 05:06 Shopping - Source: JS Online

The former Manchester Mall in Grafton has become a demolition site, which could put the two remaining mall stores out of business, a lawsuit filed Monday in Ozaukee County claims court.

The lawsuit, filed by Mark Haslam, owner of Feed Bag Pet Supply Co., also asks Circuit Court Judge Joseph D. McCormack to issue a temporary injunction forcing the mall owner, Oak Street LLC of Madison, to reopen the Falls Road entrance to Manchester Mall.

The mall owner is razing the existing buildings to build a mixed-use complex that is to be anchored by 136 condominiums and townhouses and a Pick 'n Save grocery store. In addition to Feed Bag, a Dunham's Sports store continues to do business in the mall, while the remaining mall buildings are being razed. Feed Bag's lease runs until Jan. 31, 2009.

The suit alleges that the demolition work, done by MSI General Corp. of Nashotah, has broken the lease. As a result of the work, water service to Feed Bag has been shut off, and the store's front parking lot has been flooded.

In addition, the store's parking lot lights have been disconnected, and night customers "were confronted with a pitch black parking area that was both scary and unsafe," the lawsuit charges.

"Such damage, if left unchecked, is likely to put the Feed Bag out of business," the lawsuit alleges.

The Milwaukee attorney representing the mall could not be reached for comment Monday. Joseph Maucha, an MSI project director, declined to comment on the lawsuit Monday because he had not seen it.

The lawsuit asks for monetary damages, and for the Falls Road entrance to the former mall to be kept open during the duration of Feed Bag's lease. A jury trial also has been requested.

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