ILNews

Owner of Anderson location yanks suit against Motel 6

Back to TopCommentsE-mailPrintBookmark and Share

Owners of an Anderson hotel that has operated as a Motel 6 since its construction in 1974 – but soon won’t –  withdrew a federal lawsuit Tuesday that claimed the national chain had not maintained the site “as a first class motel” required under its decades-old lease.

The suit initially filed in state court in February sought an adverse possession order of the motel along Scatterfield Road off Interstate 69 at Exit 226. The suit claimed the facility didn’t measure up to prototypes and improved design standards the chain announced in press releases in 2008 and afterward.

Motel 6 removed the suit to federal court, where Magistrate Judge Debra McVicker Lynch presided over a preliminary hearing before this week denying from the bench plaintiff’s motion for a preliminary injunction entitling plaintiffs to take possession of the leased property.

Lynch “called this an overreach by plaintiffs of significant proportion,” said Brian S. Jones, a Bose McKinney Evans partner representing Motel 6. “We are obviously pleased with the court’s decision on this.”

The case in District Court for the Southern District of Indiana, Indianapolis Division, is 5810 Scatterfield Road, LP v. Motel 6 Operating LP, 1:14-cv-00327.

The plaintiffs, a Nevada limited partnership, sought to gain possession of the hotel under the ejection and quiet title statute, I.C. 32-30-3, which Jones said typically is applied as a remedy when a tenant isn’t paying rent. That wasn’t the case here; he said Motel 6 has paid as required under the lease, and no such claim is made in the complaint.

Jones said Motel 6 also strongly disagreed with the suit’s contention that it hadn’t maintained the site as a first-class facility. Jones said the suit essentially requested a complete renovation.

“This is a 40-year-old lease, and a lot of the older leases in some industries use the term ‘first class’ without deciding what that means,” Jones said. He said Lynch also noted the term in the lease was inherently ambiguous.

Wooden & McLaughlin LLP partner Matthew Adolay, who represented 5810 Scatterfield, did not immediately return a message seeking comment Wednesday.

Jones said the record showed that the landlord had no complaints about Motel 6 until the chain notified owners in 2010 that it would not renew its lease and planned to vacate the property when the lease expires this year at the end of October.

Until then, Motel 6 is operating two hotels in Anderson nearly across the street from each other. The chain has leased and rebranded a property that formerly operated as a Fairfield Inn. That site will continue to operate as a Motel 6 after the lease with 5810 Scatterfield expires, Jones said.

Lynch didn’t rule on a defense argument that 5810 Scatterfield lacked standing to bring the suit, Jones said.

The defense claimed that the owner of record is a California partnership called 5810 Scatterfield that was voluntarily terminated some years back, and there was no evidence filed regarding assignment of rights before termination, Jones said. The 5810 Scatterfield LP that brought the suit was an entity organized as a Nevada limited partnership some years later.


 

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT