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TAUBMAN CHERRY CREEK SHOPPING CENTER, LLC. v. NEIMAN-MARCUS GROUP, INC.

No. 09CA2134.

251 P.3d 1091 (2010)

TAUBMAN CHERRY CREEK SHOPPING CENTER, LLC, a Delaware limited liability company, Plaintiff-Appellee, v. NEIMAN-MARCUS GROUP, INC., a Delaware corporation, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 28, 2010.

Attorney(s) appearing for the Case

Brownstein Hyatt Farber Schreck, LLP, Lisa Hogan , Denver, Colorado, for Plaintiff-Appellee.

Sherman & Howard LLC, Kenneth B. Siegal , Kevin L. Opp , Reed W. Morgan , Denver, Colorado, for Defendant-Appellant.

Opinion by Chief Judge DAVIDSON.

In 1989, defendant, The Neiman-Marcus Group, Inc. (Neiman), entered into a long-term lease on a parcel of the Cherry Creek Shopping Center (the Mall) with plaintiff, Taubman Cherry Creek Shopping Center, LLC (Taubman). In 2009, a dispute arose between the parties concerning apportionment of property taxes. Neiman sought arbitration, contending that the dispute fell under certain limited arbitration provisions of the lease. Taubman...

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