Lord & Taylor, LLC v. White Flint, L.P.

White Flint (defendant), which contracted to operate a shopping mall as a first-class shopping center under a reciprocal easement agreement through at least 2042, saw the mall decline until only Lord & Taylor (plaintiff) remained after 75 percent of tenants left and one anchor building was demolished; White Flint then planned to replace the mall with a mixed-use "town center" as part of a county redevelopment project. The trial court found the redevelopment would breach the easement agreement, entitling Lord & Taylor to damages, but declined to order an injunction requiring resumed mall operations, reasoning decades of judicial oversight over mall operations was infeasible.