Ken Leonard Associates

Retail Real Estate and Shopping Center Consultants

THE CELLULAR SUPERSTORE, INC.  a Nevada Corporation v ROUSE F.S., LLC, A Maryland limited liability Company; individual, DOES I through X; and ROE CORPORATION XI through XXII, inclusive  District Court Clark County, Nevada, Case No. A499873.
Retained by Defendant to provide expert opinion as to comparability of alternate locations and industry standards and practices regarding mall relocation policies..

TRUST GROUP, INC., v GENERAL GROWTH PROPERTIES, INC., WESTROADS MALL, LLC THE CHEESECAKE FACTORY RESTAURANTS, INC., AND MAY DEPARTMENT STORES COMPANY, District Court of Douglas County, Nebraska, Docket 1053
Retained by Defendant, General Growth Properties, to opine upon Reciprocal Easement Agreement (REA) and provide expert testimony as to future value of land and building with and without encroachment of parking.

SEARS, ROEBUCK AND CO., a New York corporation v. HHT DEVCO, L.L.C. a Delaware limited liability company State of Michigan In The Circuit Court For the County of Oakland, Case No. 05-06997-CK

Retained by Defendant to opine upon certain provisions of the Reciprocal Easement Agreement (REA) regarding compatibility of allowable co-tenancies.

Vivit Square LP, and LaSalle Asia Recovery International I S.a.r.l., and LaSalle Asia Recovery International II S.a.r.l., American Arbitration Association Ref. No. 50 180 T 00020 06
Retained by Defendant, a subsidiary of Jones Lang LaSalle, to opine upon Development Contract regarding minimum requirements to qualify for “Success Fee”, quality of development and industry standards in Japan as to probable future value and rental income from troubled mall.

TEUSCHER CHOCOLATES, LLC v. HG GALLERIA, I, II, L.P.; In the 234th Judicial District Court of Harris County, Texas
Retained by Defendant, (a subsidiary of General Growth Properties) to provide expert opinion involving industry standards and practices regarding construction costs and Tenant Allowances.

SPIRTWORKS, LLC as successor to PROFESSIONAL PHOTOGRAPHERS OF AMERICA v. FISERV, as successor to FISERV SOLUTIONS, INC. as successor to FIPSCO, INC. in  Circuit Court of Cook County, Illinois County Department, Law Division NO. 2007 L 009274
Retained by Plaintiff, the owner of a single tenant office building damaged by Tenant, to provide expert opinion as to industry standards involving what constituted normal wear and tear as well as cost of repairs.


SUNIL PURI, LLC AN ILLINOIS LIMITED LIABILITY COMPANY v. RADIOSHACK CORPORATION f/k/a TANDY CORPORATION, COMPUTER CITY INC. aka COMP USA, In the State of Illinois the Circuit Court of the Seventeenth Judicial Circuit Court of Winnebago No 2008LM815
Retained by Defendant, The Radio Shack Corporation, to provide expert opinion as to industry standards regarding reasonable efforts by Landlord to mitigate damages on early termination of lease. 

JEANNE M. DISANTILLO, v. SIMON PROPERTY GROUP, INC. in the United States District Court for the Western District of Missouri, Ni. 11-00545-CV-W-HFS
Retained by Plaintiff to provide expert opinion regarding industry standards and practices involving reasonableness of refusal to approve sublease of replacement tenant.

CHIEF SUPER MARKET, INC. v. DELPHOS PLAZA, LLC., in The American Arbitration Association, No. 53 115 E 00038 12
Retained by Defendant, the owner of a Shopping Center, in arbitration involving alleged violation of Exclusive Use Clause.

SUNSHINE LAND ASSOCIATES LIMITED PARTNERSHIP v. OFFICE DEPOT, INC.  in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County Florida  No. 11—5287 CA 30.
Retained by Defendant, Office Depot,  in a matter concerning an Exclusive Use Clause to apply industry standards to rules involving measurement of sales area containing restricted merchandise.

CREIGHTON COMMERCIAL DEVELOPMENT v. WINNDIXIESTORES LEASING, et.al in the circuit of the twentieth Judicial Circuit in and for Lee County, Florida No. 12-CA-000568
Retained by Plaintiff to apply industry standards for appropriate security and property management oversight of common areas in a wrongful death case. 

THE ESTATE OF CHICO A. RANDOLPH by and through ALEXANDER RANDOLPH, as Personal Representative v. EXT LEASE OWNER,EXTREME, LLC; ALBERTSON’E LLC; KING SY OF CENTRAL FLORIDA II, INC., d/b/a LEGACY UNTRA LOUNGE a/k/a LEGACY LOW COST LIQUOR; BARRY MOHAMMED’ TERRENCE MOHAMMED; AND SEAN MOHAMMED, in the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida Case No. : 2013-CA-000091-O Division 37
Retained by Plaintiff in a wrongful death matter to opine upon Landlord and Management Company’s responsibilities to provide adequate security and property management oversight in common areas.

DAVID LEVERETT v. CHELSEA JONES; SYLVIA JONES; WILLOWBROOK MALL (TX), GENERAL GROWTH MANAGEMENT, INC. in the District of Harris County, Texas Case NO. 2010-82030
Retained by Plaintiff, to opine upon appropriate maintenance of traffic circulation and signage in regional mall parking lot.

MATHER v. PARKWAY in the District of Harris County, Case No. TX 58-0087
Retained by Plaintiff in a wrongful death matter to opine upon Landlord’s and Management Company’s responsibilities to provide adequate maintenance of restraining cables in parking structure of office building.

BRIDGEPORT SOUTH REALTY ADVISORS, INC., a Florida corporation v. METRO GROUP CONSTRUCTION, L.L.C.,  a foreign corporation, and CVS PHARMACY, INC., a foreign corporation, in the Circuit Court of the Sixth Judicial Circuit of the State of Florida, In and For Pinellas County civil Law Division Case No. 06-2194 CI, Division 19
Retained by Plaintiff to opine upon standard and practices involving a dispute in brokerage commissions.

FORT HENRY MALL OWNER, LLC., v. U.S. BANK N.A., as Trustee for the Registered Holders of ML-CFC Commercial Mortgage 2007-5, Commercial Mortgage Pass-Through Certificates,Series 2007-5; et al. in the  U. S. District Court for the Eastern District of Tennessee at Greeneville No. 2 : -cv- 00287

ESSEX HOLDINGS, LLC., v. BASIC PROPERTIES, INC., a Wyoming Corporation,  David Laughlin, TCI REAL ESTATE, LLC.,  a Georgia limited liability company, can the UNITED STATES POSTAL SERVICE in the District Court of Sweetwater County, Wyoming in the Third Judicial District Civil Action No. CV – 13-593- L -2015
Retained by Plaintiff in a dispute over modification of Site Plan regarding permission to create out lot not covered in REA.


LORD & TAYLOR, LLC, et al., v. WHITE FLINT, L.P., n/k/a WHITE FLINT MALL, LLP, in the U.S. District Court for the District of Maryland (Greenbelt Division) Case No. 8 : 13-CV-01912-RTW - 2015
Retained by Plaintiff in dispute over Reciprocal Easement Agreement regarding anchor department store’s rights in the proposed redevelopment and conversion of 800,000 square foot prestige mall into residential mixed-use project of 5.2 million S. F.

SEARS, ROEBUCK AND CO., a New York Corporation, v. FORBES/COHEN FLORIDA PROPERTIES, L. P., a Michigan Limited Partnership, and City of Palm Beach Gardens, Florida, a Florida Municipal Corporation in the Circuit Court of the Fifteenth Judicial Circuit In And For Palm Beach County, Florida Case NO.: 2014CA011945 (AG) -2017
Retained by Plaintiff in a dispute about the Rights of anchor department store to sublease a portion of its space and allow subtenant adequate exterior signage.

H –K PROPERTIES, LLC v. EAST BROOK F, LLC, ET AL Judicial District of Hartford at Hartford, State of Connecticut DOCKET NO. HHD – CV13-6037986 –S -2015

Retained by Defendant, owners of East Brook Mall, in dispute over of right of adjoining property owner to modify Site Plan by relocating prearranged driveway access into the ring road of the mall.

Paula Sledge v. MB Real Estate Services, L.L.C. , A & R Janitorial Services, Inc., in the Circuit Court of Cook County, Illinois County Department, Law Division Case No. 2012 L 6536 - Current
Retained by Defendant, the City of Chicago’s property management company, in a personal injury dispute over property management standards.

Diana Davis, As Administrator Of The Estate Of Jason Barry,et al., v. Montes D.Hollins, et al., in the Court Of Common Pleas Of Franklin County, Ohio Case N. 15CV10049 - Current
Retained by Plaintiff in a matter involving Standards of Care in shopping center security and shopping center management relating to a wrongful death.

FRANK INVESTMENTS RANSON, LLC, FRANK THEATRES RANSON, LLC, AND 30 WEST PERSHING, LLC. v. RANSON GATEWAY, LLC, CARL M. FREEMAN ASSOCIATES, INC., AND UNIDENTIFIED ENTY USING “CARL M. FREEMAN COMPANIES.in the Court of Chancery of the State of Delaware, Civil Action No. 11101 – VCS - 2016
Retained by Defendant in a dispute between a shopping center developer and a regional chain of movie theatres over what constituted a proper amendment to the seller’s contribution to the buyers site work agreement.

TIMOTHY SCHWEIR v. VNA HEALTH CARE and VISITING NURSE ASSOCIATION OF FOX VALLEY; and KLUBER SKAHAN & ASSOCIATES, INC., a/k/a KLUBER, INC., in the Court of the 16th Judicial Circuit Kane County, Illinois No. 12 L 426 - 2017
Retained by Defendant in matter involving Standards and Practices relating to redevelopment of a health care facility and liability issues for contractors.

STEPHEN A. FREITAS, JR., v. GGP., fka GENERAL GROWTH PROPERTIES, INC; ALA MOANA LLC; FRANCIS P. COFRAN AND DOES 1-100  CIVIL NO. 18-1 -0710-05 in the Circuit Court of the First Circuit State of Hawaii - 2018
Retained by Plaintiff in matter involving Standards of Care in shopping center management and parking structure security relating to a wrongful death and a serious personal injury.

SWAROVSKI RETAIL VENTURES Ltd., JGB VEGAS RETAIL LESSEE, LLC in the District Court Clark County, Nevada Case No. A -15-727008 – B Dept. No XI - 2018
Retained by Defendant in dispute involving Lease Provisions regarding Co-tenancy requirements in accordance with industry standards.

TRAER CREEK – HD LLC, a Colorado Limited Liability Company, v. HOME DEPOST U.S.A., INC., a Delaware Corporation in the District Court, Eagle County, Colorado Case No 2015 CV 30264 Div. 4 - 2018  
Retained by Defendant in dispute regarding Industry Standards and Practices relating to merchandising, property maintenance, traffic circulation and operations in power strip shopping centers.

DANIEL O’REILLY, AS INDEPENDENT ADMISISTRATOR OF THE ESTATE OF PATRICK O’REILLY, DECEASED v. WESTFIELD PROPERTY MANAGEMENT, LLC et al. in the State of Illinois, County of Cook in the Circuit Court of Cook County, Illinois County Department, Law Division No. 14 L 9677 Consolidated with 14 L 9692 – 2018

Retained by Plaintiff in a matter involving Industry Standards and Practices relating to Landlord’s continuing property management responsibilities with contractors and subcontractors, regarding developing, redeveloping and leasing during constructing.

Recent Cases