Foothills Mall sues tenant for breach of contract

Published: Aug. 12, 2015 at 1:30 AM MST|Updated: Mar. 2, 2018 at 4:23 PM MST
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TUCSON, AZ (Tucson News Now) - A legal battle is brewing between the Foothills Mall and a food court tenant.

Both have filed lawsuits against each other, and at the center of it is the new Marana outlet mall that is set to open just a few weeks from now.

Several stores may be leaving the Foothills Mall and relocating to the new outlet mall.

Cheesy Rider was only at the Foothills Mall for about six months. After being a successful food truck, the owner, Sean Scott, decided to venture out and set up shop inside the mall.

Scott said he did have concerns regarding the new outlet mall opening and how that might impact business, but said he was reassured by mall managers that it would be OK.

When business began to slow down, he was forced to close up shop. Now mall management is suing Scott for hundreds of thousands of dollars for breach of contract.

He has filed a countersuit against the mall, claiming they made him sign that contract in bad faith.

"We would have loved to stay and thrive in that location, but we essentially said 'you made a lot of false promises, you promised that no one was leaving the mall for the new mall which was a big concern for us,'" Scott said.

Nike staff told Tucson News Now they will not be renewing their lease at the Foothills Mall, but will have two locations through Christmas.

Old Navy staff said they will be leaving the mall, and an employee at Carter's said they will be opening a store in another location, but are not sure if they will keep their three stores in Tucson.

Coach also did not renew it's lease with the Foothills Mall and closed up shop earlier this year.

An employee at Saks Off Fifth said they had not made any officials announcements, but were telling employees they could be changing locations.

At the Puma store, a staff member said they are working on getting a lease at the new marana outlet mall location

Foothills Mall management did not immediately return calls for a comment.

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