YACENDA V. ROUSE COMPANIES
We represented the plaintiff in this matter who was the tenant of approximately ten (10) leases at the Willowbrook Mall, owned by the defendant, The Rouse Company. This case is of significance since during the litigation and after extensive discovery the defendant refunded in excess of seven (7) figures of various rental overcharges as being mislabeled capital expenditures. Just prior to settlement, plaintiff raised issues as to the accountability of rentals from kiosks as either reducing all the tenant's common area charges or in the alternative, re-establishing each tenant's percentage of interest in the leased mall premises. It was argued that the kiosks, being leased premises, should diminish the size of the common areas.