Movieplex dodges another eviction
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By Brent Curtis Herald Staff - Published: January 1, 2009
Rutland County's only movie theater appears to have avoided another eviction proceeding.
The owners of the Plaza Movieplex 9, which closed their other movie theater at Westway Plaza in West Rutland last month, have paid off $143,000 of back rent owed to the owners of the Rutland Shopping Plaza, according to Rutland attorney Robert McClallen, who represents Movieplex owners Kipp Mullin and Gerald Couture III.
When Westway Plaza was closed, Mullin said he and Couture would rather concentrate their time and money on the Movieplex.
However last month, the Plaza's owners, Boston-based Centro-Heritage, began eviction proceedings to collect unpaid rent for the months of November, October and September, according to a notice of eviction filed in Rutland Superior Court.
In addition, Rutland lawyer Herb Ogden, who represents Centro-Heritage, said rent checks his clients received from the Movieplex owners for the months of August and July bounced due to insufficient funds.
A court hearing to consider Centro-Heritage's request for an immediate writ of possession is scheduled for Jan. 8.
But McClallen said Wednesday that because of a recent reconciliation with the Plaza's owners and an up to date payment on the rent, the hearing would be canceled.
Neither Ogden nor a representative for Centro-Heritage could be reached for comment Wednesday.
However, earlier in the day, Ogden said he couldn't talk about the case because of "confidential negotiations" between the Movieplex owners and his clients.
The two sides have worked through similar difficulties before.
In April, the Movieplex avoided an eviction proceeding when it settled on a payment plan with Centro-Heritage, to which the theater owed $212,568 at that time.
In a two-page filing with the court in April, the Movieplex and Centro-Heritage agreed to hold off on the eviction process to allow a third amendment of the lease to be made.
In that filing, Centro-Heritage sought to keep the Movieplex on a short leash by adding a clause that would allow them to take possession of the theater immediately if the Movieplex defaulted again on its payments.
The eviction proceedings started in December represent the fifth time the plaza's owners have tried to force the theater out during the past four years.
Contact Brent Curtis at brent.curtis@rutlandherald.com.


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