ST. LOUIS — The legal dispute over ownership of the Fox Theatre has dragged on, with parties fighting on points as detailed as inspections of the property.
The Business Journal in March first reported on the fight, in which the theater's operator, Fox Associates LLC, is suing the owner of a large part of the property, Foxland Inc.
Fox Associates, tied to Mary Strauss, pays Foxland, tied to Charles Modlin, $40,000 per year under a lease that expires in January 2025. But Fox Associates says its efforts to either extend the lease or purchase the land from Foxland in order to continue operating the theater have proved unsuccessful, since Foxland wants to be compensated "for a portion of the value of Fox Associates' business" or be allowed to purchase its business outright. This risks closure of the theater, which hosts Broadway and other shows, in 2025, Fox Associates said in court filings.
Foxland has responded that Fox Associates is asking the St. Louis Circuit Court to invent new lease terms, and Foxland wants a declaration that upon expiration of the lease, it may own and occupy the theater in its entirety, plus obtain an easement for the small amount of land held by Fox Associates. Foxland can operate the entertainment business, it contends.
Foxland in March asked the court to toss the case.
But Judge Joan Moriarty allowed the suit, originally filed last year, to proceed in part. She threw out a claim for breach of contract because Fox Associates did not "allege that it performed or tendered performance under the agreement." Moriarty kept claims for equitable reformation, in which a court is asked to modify a contract to reflect parties' true intent.
Click here for the full story from the St. Louis Business Journal.
