PLOVER - A craft store in Plover is asking a Portage County judge to temporarily halt a fitness gym from opening next door, saying it would be bad for business.
The national craft store chain Michaels seeks a temporary retraining order against Lokre Development Co. to prevent Planet Fitness from opening in the vacant shop next door. Michaels contends in court records that allowing Planet Fitness to open and operate next to its Crossroads Commons shop is a violation of the craft store's contract.
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The lease, according to court records, prohibits Michaels' landlord from allowing a "gymnasium, health club, exercise or dance studio" from opening in the shopping center. Leasing the former site of MC Sports to Planet Fitness violates Michaels' agreement, the chain argues.
A gym in a retail space could affect customers' perceptions of the shopping center, the craft store says.
"Michaels' economic viability relies on synergy of retail uses in the surrounding stores at the Shopping Center that generate customer traffic and that attract customers likely to shop at Michaels," the company stated in legal documents.
People go to gyms to exercise and do not intend to shop before or after their workout, Michaels argues, meaning a gym would not drive traffic to the retail stores. It could also cost potential shoppers' parking spaces during the busiest retail shopping hours, the store says, causing those shoppers to seek their arts and crafts supplies elsewhere.
The landlord, Lokre Development, asked Michaels to sign a waiver that would permit the Planet Fitness deal. Michaels declined, according to the records.
As Planet Fitness continues to develop in Crossroads Commons under its own lease agreement, Michaels is asking Portage County Judge Thomas Flugaur to issue a temporary restraining order preventing the gym development from moving forward until the matter is resolved. Among other requests, the craft chain also seeks the award of an unspecified amount of monetary damages and reimbursement for attorney expenses.
The developer does not dispute Michaels' characterization of events, the records show, but is asking Flugaur to deny the restraining order. The defendant described the matter as an "inadvertent error" and "unfortunate," but said Michaels has other ways to resolve the issue through its lease agreement.
The agreement entitles Michaels to either reduced rent if its lease is violated or the option to end its lease, according to the court records.
The developer also argues that Planet Fitness would be affected by Michaels' request even though the gym itself was not named as a defendant in the case. Planet Fitness has not been given a chance to defend its interests and may, in turn, sue the developer, according to the records.
The two sides are scheduled to meet in court Wednesday for a hearing on Michaels' request for a temporary restraining order.
Representatives for Michaels and Lokre could not be reached for comment.
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