Friday, January 15, 2010

Carpetbagger's lawyer changes firms in Ely's suit.

The landlord of Ely's recently changed lawyers in its court battle with Ridgeland restaurant Ely's. Jackson Street Property Management filed suit against Ely's a few months ago claiming it was owed back rent and damages. JJ reported in December JPSM "resurveyed the building and suddenly discovered Ely's "occupied 270 square feet more than the 3000 square feet indicated in the lease". Jackson Street then demanded back rent for the extra 270 square feet from the date when Ely's first assumed the lease." Rick Shapley, the owner of Ely's, counterclaimed and seeks more than half a million dollars in damages.

Jason Weeks of Page, Kruger, and Holland filed a motion to withdraw as counsel representing JPSM in Madison County Circuit Court that was granted by Judge Richardson. Jason Weeks apparently changed law firms as he was approved by the Court to continue his representation of Jackson Street Property Management with the law firm of Randall Segrest, PLLC. JSPM is owned by John F. Campbell of the Virgin Islands.

Earlier post, Copy of motion and order, Copy of lawsuit and counterclaim

Posted by Kingfish at 8:00 AM
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14 comments:

Learned Hand said...

I wasn't aware that Randall Segrest, PLLC did much other than real estate closings. Apparently they have expanded to real estate litigation with the acquisition of Mr. Weeks. Well, times are difficult and lawyers have to eat too, I suppose. Naturally I will bear this in mind as I refer people to other firms for title and closing work in the future. There are plenty of other good attorneys out there.

January 15, 2010 at 8:37 AM
Ironghost said...

Is "Virgin Islands" code for "Tax evading" in this case?

January 15, 2010 at 8:52 AM
Unknown said...

Paul Randall and Andy Segrest are great closing attorneys. I was not aware they had new counsel with them but I would think that they would be very selective in who they take on as they have a good reputation in our industry

January 15, 2010 at 10:02 AM
Kingfish said...

As far as I can tell just some lawyers doing their job in this case.

January 15, 2010 at 11:08 AM
Learned Hand said...

I'll agree that there are many instances in which a lawyer is simply "doing [his] job." And lawyers pride themselves for taking on unpopular causes. Far too often, however, lawyers use that ideal to cloak "bullshit claims" (pardon the legal jargon) to extort the nuisance value of the suit from defendants. Oh, for the liberal use of Rule 11 sanctions. But hey, that probably isn't happening here.

January 15, 2010 at 11:24 AM
Kingfish said...

What is interesting to me is the plaintiff's didn't include a copy of the lease agreement in the pleadings.

January 15, 2010 at 11:43 AM
Anonymous said...

"Is "Virgin Islands" code for "Tax evading" in this case?"

Is that the U.S. Virgin Islands or the British Virgin Islands? It makes a big difference if one is trying to evade U.S. taxes. Without a copy of the lease agreement being filed this is better placed on the Judge Joe Brown show than wasting a real court's time. Why is the tenant responsible for the landlord's own stupid mistake?

January 15, 2010 at 11:51 AM
Kingfish said...

U.S. Virgin Islands.

January 15, 2010 at 11:52 AM
Jim Craig said...

Does someone from the Virgin Islands qualify as a "carpetbagger"? I didn't know that JJ shared JFP's dislike of out-of-state businesses.

January 15, 2010 at 3:30 PM
Anonymous said...

John F. Campbell is of Wilton, CT. Is this an heir of Campbell Soup Company???
Basically John F. Campbell equates an unscrupilous asshole!

January 15, 2010 at 9:48 PM
Anonymous said...

No wonder the Olde Town Center is a ghost town while other developments are thriving...
Who in their right mind sues a well respected tenant over 270 sq. ft. in today's economy - especially given the current economic situation!
What a moron is Mr. Campbell!!!

January 15, 2010 at 9:52 PM
Anonymous said...

Might this owner have some plans for the place that might for some reason make bringing this suit worth the time and effort? What could possibly make sense? Is this just purely an example of assholiness to the nth degree?

January 16, 2010 at 12:01 AM
Anonymous said...

Seems like a contract case. Money is either owed or it isn't.

January 16, 2010 at 8:06 AM
Kingfish said...

True enough. I've always thought it was a simple contract action and it will be interesting to see what the lease says when it is finally filed as an exhibit.

However, Old Towne Center only has two or three tenants and has been that way for a couple of years now so one must wonder why it sits halfway vacant when so many similar nearby complexes have had no such problems.

January 16, 2010 at 8:54 AM

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