The developer, however, has decided to sue. I'm not sure to what advantage other than to add to both his own financial burden, Barnes and Noble's and retailers who have leased space in anticipation of Barnes and Noble being an anchor store from which they could draw. It reminds me of the kids poem "This is the House that Jack Build".
This is the house that Jack built!You get the idea. Where does it stop?
This is the malt that lay in the house that Jack built.
This is the rat that ate the malt
That lay in the house that Jack built.
This is the cat that killed the rat
That ate the malt that lay in the house that Jack built.
This is the dog that worried the cat
That killed the rat that ate the malt
That lay in the house that Jack built...
I don't know the answers. If I did I'd not be sitting around blogging. However, if an over ambitious developer couldn't see indications of bad times ahead and have contingencies in mind that would be fair to both him, his tenants and potential tenants, then shame on him. As for Barnes and Noble and the other retailers, I would hope that they have contingencies in their lease agreements that will preclude the further financial drain of a lawsuit.
It just doesn't seem to make sense in this financial climate to be quick to sue. As with politics, why not try a negotiated settlement? Ill will could preclude a Barnes and Noble in the area when times get better.
Though we have both a Hastings and a Borders, is a law suit really worth it?