Home Depot sued for alleged damages and breach of contract

Tia Benton Nov. 5, 2012, 4:37am

Jeffrey L. Oakes

NEW ORLEANS – A national hardware store is sued for allegedly violating a local lease with a Louisiana property owner.

Maloney Sept, L.L.C. filed a lawsuit against Home Depot U.S.A., Inc., in the Orleans Parish Central District Court on Aug. 15. Sept claims that Home Depot's refusal to remove a 20,000 square foot section of concrete poured over the existing asphalt parking lot of a leased property, owned by Sept, is a violation of their lease agreement.

The lease states Home Depot "shall maintain the Premises in reasonably good condition and shall be responsible for all repairs to the Premises," the suit claims.

The defendant is accused of damaging the property to the extent that it impedes traffic, parking and draining on the premises. In addition, the defendant is accused of breach of contract.

An unspecified amount is sought for compensation for the damages caused by Home Depot.

The plaintiff is represented by Jeffrey L. Oakes of Orrill, Cordell &Beary, L.L.C.

This case has been assigned to Division J Judge Paula A. Brown.

Case no. 2012-08035.

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