Denial of motion means continuation of Mr. Ooley's case

The on-going breach of contract dispute between Northpark Mall and Mr. Ooley's, an upscale men's clothier, will not come to an end any time soon, according to the District Court of Oklahoma County.

Judge John M. Amick has denied Northpark Limited Partnership's motion for summary judgment in its claim against Mr. Ooley's Inc.

The conflict between Northpark Mall at N. May Avenue and NW 122nd Street and Mr. Ooley's originated in May 1995 when Northpark sought injunctive relief to keep Mr. Ooley's from relocating to Penn Square Mall. Northpark alleged Mr. Ooley's violated a covenant of continued operation in its lease. In August 1995, the Oklahoma County District Court denied injunctive relief. Mr. Ooley's, however, was required at that time to provide a current financial statement to show sufficient assets to respond to a potential damage claim against them for $250,000. Northpark then refiled in December 1995 again alleging breach of a covenant of continued operation, but this time seeking damages for the balance due on the lease plus 10 percent interest. The order issued last week relates to this second lawsuit. Tom Morris, general partner of Northpark Limited Partnership, which owns the mall, says he is disappointed in the judicial system. "It's sad when you have to go to court to get your rent. This is a situation where the lawyers continue to win," said Morris. In their petition, Northpark claims to have expended funds to create a store that would be a show place of its leasing effort. Northpark also alleges damages in excess of $10,000 for losses incurred due to a decrease in customer traffic in the entire mall because of Mr. Ooley's relocation. In response to Northpark's allegations, Mr. Ooley's argues the mall failed to maintain the general high standards of merchandising in the center. Defendants also allege the very essence of the lease agreement was breached when Northpark "walled off" the south end of the mall -- an area with about 56,725 feet. Mr. Ooley's strategic location, according to defendants, was destroyed when the plaintiffs closed the mall's southern end. Further, Mr. Ooley's says the large fruit and vegetable stand now located in the parking lot was in violation of the lease agreement. According to the shopping center market survey for the summer of 1996 compiled by Price Edwards & Co., Northpark Mall has a gross leasable area of 195,000 square feet with 30,000 square feet vacant. Morris would not verify whether those figures are still accurate. "The occupancy rate is an issue to be decided at trial," said Morris. Morris said the "walled off" portion of the mall was at issue in the trial as well. Currently, the southern end of the mall is sealed and has a mural on the wall that says, "reconfiguring, expanding, demalling." Nancy Warehime, manager of St. John's clothing store located at the north end of the mall, expresses concern over the closed section. "People are confused. A lot of people say , `I thought you closed!' " However, Warehime notes that the loss of Mr. Ooley's has had no impact on her business, which she says is brisk. Dottie Soter, manager of Tres Chic Petite across from the previous site of Mr. Ooley's said, "We miss Mr. Ooley's, but our clientele was different." Wednesday's order marks a small victory for both sides. In addition to denying Northpark's motion for summary judgment, the order also limited discovery for Mr. Ooley's. In order to build a defense, Mr. Ooley's had sought Northpark's financial statements for the years 1986 through 1995. Amick ruled that defendants could only obtain records dating back to 1991. "The information ... is of a sensitive nature and confidential commercial information. "Further," said Amick, "this information shall not be inspected, viewed, or copied by, or in any way disseminated to, anyone other than the plaintiff, the defendants... absent further order of the court or express written permission of the plaintiff." Both parties expressed concern for the matter to be resolved. The case is set for a jury trial, though the date for the trial remains uncertain.

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