J.C. Penney settles lawsuit over Dick's construction
A final settlement has been reached in the disagreement between J.C. Penney Corp. and Simon Property Group.
The Plano, Texas-based retailer filed a lawsuit in August in Lake County Common Pleas Court to stop construction of a new Dick's Sporting Goods store at Great Lakes Mall in Mentor.
The suit claimed Simon Property, the mall's Indianapolis-based landlord, illegally put up a construction fence for Dick's that obstructs visibility and access to J.C. Penney.
Judge Joe Gibson previously ruled the fencing and construction violated J.C. Penney's lease and closed the case.
The next day, Simon's attorneys appealed the judge's decision to the 11th District Court of Appeals.
On Dec. 24, Simon filed a motion to dismiss the appeal.
Both parties also asked Gibson to vacate his Nov. 5 judgment entry granting summary judgment to J.C. Penney and denying it to Simon.
"... The parties have reached a settlement resolving all claims and defenses in this litigation," the attorneys jointly wrote in court documents.
"People are aware there's been some disagreement," Mentor Economic Development Director Ronald M. Traub said. "But it's good news it's been settled."
Traub said he is not privy to terms of the settlement agreement or a timeline for Dick's to move from its current Creekside Commons location off Mentor Avenue to a larger location at the mall.
Dick's representatives previously announced the new store would be 56,000 square feet on the east side of the mall, between J.C. Penney's and Macy's.
Attorney John D. Parker, who represents Simon Property, declined comment on terms of the settlement.
J.C. Penney attorney Yelena Boxer did not return a phone call for comment.
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