1812 Brewing Company Inc (KEGS): Lawsuits against Hacketts, Rent-To-Own r...

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Sunday, 09/30/2007 9:45:58 AM

Sunday, September 30, 2007 9:45:58 AM

Lawsuits against Hacketts, Rent-To-Own resolved.
From: Watertown Daily Times (Watertown, NY) Date: June 16, 2007

Byline: Brian Kelly

Jun. 16--Two lawsuits aimed at determining some of the items Hacketts department store and North Country Rent-To-Own can carry at their Watertown stores have been resolved with no changes required in either business's operations.

Vogel Properties Watertown LLC, Utica, had filed state Supreme Court lawsuits against Watertown Center Development LLC, New Hartford, claiming that a deed restriction Vogel had acquired from WCD prevented Hacketts and Rent-To-Own from selling furniture in the former Northland Plaza.

Vogel bought the plaza at Eastern Boulevard and State Street in November 2005. It subdivided the property, including a closed A&P grocery store, which it sold to Vogel in December 2005. Vogel now leases the building to Affordable Furniture.

As part of the sale, WCD and Vogel agreed to a restrictive covenant stating that, as long as a furniture store was operating in the Vogel property, no other retailer or wholesaler of furniture or bedding would be allowed in the plaza.

In August, Vogel filed suit against WCD after WCD extended its lease with Rent-To-Own and moved the business into a larger location in the plaza. Vogel claimed that while the pre-existing lease may have been exempt from the restrictive covenant, any modification or extension of it was not.

Hacketts opened its store in October, carrying typical department store items such as household items, tools, hardware, clothing, crafts and toys. It also has a small furniture department offering items such as curio cabinets and grandfather clocks.

Vogel contended that the furnishings offered represented a violation of its restrictive covenant with WCD. It asked a judge to cancel the Hacketts lease and asked for an order preventing WCD from renting to a furniture retailer.

On Dec. 19, Judge Joseph D. McGuire issued a temporary restraining order forbidding Hacketts from selling furniture, but four days later denied Vogel a preliminary injunction on the matter, clearing the way for Hacketts to again offer furniture.

According to documents filed Thursday at the Jefferson County Clerk's office, all of the parties have now agreed to settle their legal differences.

Watertown attorney Robert J. Slye, who represents Hacketts and Rent-To-Own, said the settlement stipulates "no changes at all" for the businesses.

"The two landlords agreed to parameters for operation of the plaza that make it clear that neither Hacketts nor North Country Rent-To-Own, if they continue to do business as they have, will materially interfere with Affordable Furniture," Mr. Slye said.

A judge must approve discontinuance of the actions.

To see more of the Watertown Daily Times, or to subscribe to the newspaper, go to http://www.wdt.net.

Copyright (c) 2007, Watertown Daily Times, N.Y.

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