The Michael Titze Company purchased an outparcel in front of a shopping mall in Pensacola, Florida. Unbeknownst to Titze, this property was subject to restrictive covenants that required Titze to obtain permission from Simon (owner of the shopping mall) for any construction or improvement to the property and restricted Titze from improving the property in any manner that would conflict with the interests of or detract from the shopping mall. In 2003, Titze leased a portion of the property to Lamar to install a billboard, without seeking approval from Simon. Simon wrote Titze a letter stating that the proposed billboard violated the operating agreement. Titze then requested Lamar not to proceed with the billboard installation, thereby cancelling their agreement. A few months later Simon and Lamar executed subleases for Lamar to install billboards on all Simon’s Properties. Titze filed suit against Simon and Lamar on seven grounds, including breach of contract and tortious interference.
Infotech was hired by Defendant, Simon Property Group, Inc to calculate any economic damages arising from the alleged wrongdoing of the Defendants. Using standard econometric methods, Infotech Consulting and Dr. McClave analyzed historical billboard placements in addition to the contractual agreement between Titze and Lamar. Dr. McClave’s analysis was used to rebut Plaintiff’s expert’s damage analysis. Infotech’s client never had to pay damages in this suit as Defendant’s were granted summary judgement which was affirmed on appeal.
The Michael Titze Company Inc. v. Simon Property Group, Inc., et al, No. 10-12742 (11th Cir. 2010)