Marrero landlord sued by business over canceled lease

GRETNA – A cellular phone sales company is suing its landlord for allegedly allowing it to sign a contract for retail space where it was restricted by zoning laws.

NOLA Wireless LLC filed suit against Chan W. Kang and Myona Chang in the 24th Judicial District Court.

NOLA Wireless claims it contracted with Kang and Chang to rent a commercial property located at 1670 Barataria Blvd. Plaza B in Marrero, but found out after signing the contract that it was unable to place signage of the outside of the property due to a violation of parish law.

The plaintiff alleges the contract was for $1,100 per month for the first year and $1,200 per month for the second and third years and included a $1,200 security deposit, but after the signage issue was found the defendants waived the first two months.

Shortly after moving into the space NOLA Wireless found the space was in violation of other parish laws including problems with code violations, mortgages, privileges and liens and it would not be able to open until all issues were resolved. Although the plaintiff claims it entered into a contract to cancel the lease, which was completed on Dec. 26, 2012, it claims it hasn't received the deposit.

An unspecified amount in damages is sought for the security deposit, money spent on repairs to the property, loss of business, loss of business income and loss of business opportunity.

NOLA Wireless is represented by Benjamin Brown of New Orleans-based Fitzgerald & Brown LLC.

The case has been assigned to Division K Judge Ellen Shirer Kovach

.

Case no. 724-271.