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Owner of Anderson location yanks suit against Motel 6

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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.


 

 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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