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Coweta movie theater may fizzleThu, 12/27/2007 - 4:42pm
By: John Munford
The dirt has barely been turned yet already there’s a lawsuit in the works over the Fischer Crossing shopping center off Ga. Highway 34 and Fischer Road in Coweta County, a minute’s drive from Peachtree City. Aliance Entertainment, which wants to build a 12-screen Great Escape movie theater, has sued Fischer Crossings Development Group of Peachtree City, saying Fischer hasn’t met several requirements of the purchase contract. Among the alleged violations are failure to provide a title commitment and a boundary survey for the property. The shopping center is being built at the corner of Hwy. 34 and Fischer Road, just across teh highway from the Hot Spot gas station. The suit also claims that without the survey and title commitment, it “cannot fully perform its inspection rights,” even though the earnest money has been paid in full for the parcel. Aliance also claims in the lawsuit that Fischer Crossings Development Group also has announced its refusal to sell the property under contract but will substitute a different parcel “without the consent” of Aliance. Fischer Crossings attorney Mark D. Oldenburg, responding in court documents to the suit, wrote that the “alleged agreement upon which plaintiff seeks to recover is too vague and indefinite to be enforceable.” Furthermore, Fischer Crossings court documents state that the contract does not identify the specific land in question, “... Therefore, the contract between the parties is of no force and effect.” Aliance is asking the court for an injunction forbidding the property from being sold to another party. The company also wants the court to force Fischer Crossings to perform its obligations under the contract. Fischer Crossings is petitioning the court to be discharged from the case with Aliance paying all court fees. A hearing on the temporary injunction request will be conducted Friday, Jan. 4 before Superior Court Judge Christopher C. Edwards. login to post comments |