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GBB Properties Two, LLC v. Stirling Properties, LLC

Court of Appeals of Louisiana, Third Circuit

October 24, 2018

GBB PROPERTIES TWO, LLC, ET AL.
v.
STIRLING PROPERTIES, LLC, ET AL.

          APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. C-20162400 HONORABLE EDWARD D. RUBIN, DISTRICT JUDGE

          BRENT B. BARRIERE SKYLAR ROSENBLOOM REBECCA SHA FISHMAN HAYGOOD, L.L.P. COUNSEL FOR DEFENDANT/APPELLEE: STIRLING PROPERTIES, LLC AMBASSADOR TOWN CENTER JV, LLC CBL & ASSOCIATES MANAGEMENT, INC. FOUR MAGNOLIAS, LLC AMBASSADOR INFRASTRUCTURE, LLC

          RICKEY W. MINIEX CLYDE R. SIMIEN KATRENA A. PORTER SIMIEN & MINIEX, APLC COUNSEL FOR DEFENDANT/APPELLEE: STIRLING PROPERTIES, LLC AMBASSADOR TOWN CENTER JV, LLC CBL & ASSOCIATES MANAGEMENT, INC. FOUR MAGNOLIAS, LLC AMBASSADOR INFRASTRUCTURE, LLC

          PATRICK S. MCGOEY ANDREA V. TIMPA ELLIE T. SCHILLING SCHONEKAS, EVANS, MCGOEY & MCEACHIN, LLC COUNSEL FOR PLAINTIFF/APPELLANT: GBB PROPERTIES TWO, LLC DBR PROPERTIES, LLC

          Court composed of Sylvia R. Cooks, John D. Saunders, and Elizabeth A. Pickett, Judges.

          JOHN D. SAUNDERS JUDGE

         This is a case involving the development of real property as a major mixed-use project. Appellants asserted various claims arising under a purchase agreement and a payment-in-lieu-of-taxes agreement relating to the development of infrastructure improvements to the "master tract" of the project.

         The trial court granted a partial summary judgment dismissing Appellants' claims relating to the purchase agreement. Appellants appeal the dismissal of those claims.

         FACTUAL AND PROCEDURAL HISTORY:

         This lawsuit arises out of a commercial development known as Ambassador Town Center. The development spans 125 plus acres and includes a Costco, Dicks Sporting Goods, Lazyboy and other retailers.

         In 2013, GBB Properties Two, LLC and DBR Properties, LLC (Collectively "Appellants") agreed to sell a portion of the 125 acre "master tract" to Four Magnolias, LLC. Prior to the Act of Sale, a Purchase Agreement was entered into by the parties which obligated Four Magnolias, LLC to buy at least 41 acres of the 125 acre "master tract." It also obligated Four Magnolias to pay for the construction of infrastructure improvements outside of the property it was to acquire, i.e., the remaining property in the "master tract." Section 2.B of the Purchase Agreement provided that if Four Magnolias, LLC did not incur a certain amount of costs to make the infrastructure improvements, it would owe Appellants a rebate. As such, under Section 2.B, Four Magnolias, LLC is required to account for the possibility that it would owe a rebate to Appellants once construction was completed. Thereafter, Four Magnolias, LLC assigned its interest in the land to Ambassador Town Center JV, LLC.

         An Act of Sale was entered into between Appellants and Ambassador Town Center JV. The Act of Sale did not address these off-site infrastructure costs or the rebate.

         Ambassador Infrastructure, LLC completed all of the public infrastructure on the land acquired in the Act of Sale. No such public infrastructure was done to the remaining land in the "master tract."

         Appellants filed suit against Ambassador Infrastructure, LLC, Four Magnolias, LLC, and Ambassador Town Center JV (Collectively "Appellees"). Appellants asserted in its suit, inter alia, claims involving obligations stemming from the Purchase Agreement that were not included in the Act of Sale. ...


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