Commercial retailer sues Ohio Co. development agency for breach

By Lawrence Smith | Sep 27, 2012

WHEELING – A commercial real estate company is alleging a northern panhandle economic development agency in failing to pay them for attracting tenants to a shopping mall it owns.

The Ohio County Development Authority is named in a breach of contract suit filed by THF Realty. In its complaint filed Sept. 17 in U.S. District Court, the St. Louis, Mo.-based firm alleges OCDA reneged on paying them for at least three retailers they helped bring to The Highlands shopping center.

According to the suit, OCDA on Oct. 26, 2010 made THF the exclusive leasing agent for The Highlands. OCDA agreed to refer all inquiries for space to THF, and pay them a commission for any lease agreement they signed with a tenant.

On unspecified dates, THF says it signed lease agreements with GameStop, Logan's Roadhouse and Sears. Though all three remain in business, and paying rent at The Highlands, THF alleges OCDA has failed to pay them the commissions they earned.

According to the suit, THF says it is due at least $70,841 in commissions from the GameStop, Logan's Roadhouse and Sears lease agreements. Also, they allege OCDA has entered into lease agreements with other tenants without first making a referral to them.

THF seeks judgment against OCDA for the amount of the commissions, plus interest, attorneys fees and court costs. They are represented by Sang Ah Koh with the Charleston law firm of Lewis Casey Glasser and Rollins.

The case is assigned to Judge Frederick P. Stamp.

U.S. District Court for the Northern District of West Virginia case number 12-cv-136

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