PHILADELPHIA – A pharmacy tenant of a shopping center alleges its landlord breached their contract when it settled a tax appeal without notice.
Pennsylvania CVS Pharmacy LLC filed a complaint on July 25 in the U.S. District Court for the Eastern District of Pennsylvania against Houston Equities II LP alleging breach of contract.
According to the complaint, the plaintiff is a tenant at the defendant's Synder Square shopping center in Montgomery County. The plaintiff alleges that the defendant settled a tax appeal without its involvement or notice and that the plaintiff's tax assessment increased more than three-fold.
The plaintiff seeks declare that the defendant breached its lease agreement with the plaintiff, declare that the plaintiff is not in default under the lease, declare that the plaintiff shall not be required to increase its share of the tax burden, court costs and any further relief this court grants. It is represented by Scott L. Vernick and Andrew W. Bonekemper of Fox Rothschild LLP in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-03320-JS