The lawsuits
against the now-defunct Artegon Marketplace are mounting.
The number of former tenants suing Artegon Marketplace, the closed shopping mall on North International Drive, has grown to include a Fuddruckers restaurant there and eight other stores.
Lawyers for the Fuddruckers franchisee are seeking an injunction to block rezoning of the property, even as owner Lightstone Group tries to market the 100-acre-plus site. Five notices of claims, or lis pendens, against the property also have been filed in local courts.
“The lease agreements say our only recourse is against the property,” said Orlando attorney Tucker Byrd, who has filed suit for six of the former tenants.
The newest lawsuit was filed recently by art glass craftsman David Sandidge, owner of International Hot Glass. He said he invested $100,000 in building out his shop at Artegon, which included a kiln and display areas. He is seeking at least $360,000 in damages and lost revenue. Fuddruckers said it invested $1 million in its restaurant, while the Sky Zone trampoline park said its buildout cost $2 million.
Artegon, formerly Festival Bay Mall, was renovated in 2014 as a kind of “anti-mall” with local entrepreneurs focused on arts, crafts and attractions such as Sky Zone and a ropes course called Sky Trail.
Lightstone put the property on the market for sale in August 2016. The company said it looked forward to continuing to operate, but then suddenly announced it was closing in January. At that point, a quick sale of the property seemed inevitable, but eight months later the mall itself stands vacant. A movie theater and Bass Pro Shops are still operating adjacent to the mall, on property that Lightstone sold off earlier.
Attempts to reach Lightstone, which is a parent company of property owner FB Orlando Acquisition, about the growing litigation were not successful.
In court, Lightstone’s attorneys have argued that all of the leases gave the landlord wide latitude in making future
changes to the shopping center, and limited “tenants’ rights to complain about such changes.” The mall’s owners have also claimed in court filings that the mall was still undergoing “redevelopment” which the tenants say isn’t true.
Fuddruckers’ lawsuit also accuses Lightstone of failing to live up to statements that it was bringing big new tenants to the mall including The Radbourne Center skateboarding park, Berghoft’s Oktoberfest brewery, and Revolutions Rock and Bowl.
The property’s marketability might be boosted by a new Interstate 4 overpass that connects the area more directly with Universal Studios Orlando. Just south of Artegon, a vacant 77-acre parcel is for sale. That makes a large chunk of land available in the region’s tourism corridor. Property owners nearby told the Sentinel recently they are eager for the former Artegon property to be reborn, since it has the potential to host a major tourism attraction given its size and location.
The shops suing Artegon include International Hot Glass, home goods store Nuestras Manos, Florida Jerky Enterprises, Pizza at Central Florida, Fuddruckers franchisee Blue Hills International, zombie laser tag outlet NYZ at Orlando, Seed of Joy, Sky Trail and JJCB LLC (Sky Zone).
In fighting back against the Sky Zone lawsuit, Lightstone demanded back rent from the trampoline park of $161,000. Circuit Court Judge Julie O’Kane granted that request. Now Lightstone is seeking a final order and writ of possession.