Settlement Reached in Litigation Over Controversial Fashion Mall Project in Broward
The settlement marks the end of an extended conflict between parties over the failed endeavor to transform the Plantation property into a live-work-play community called 321 North.
September 11, 2018 at 01:57 PM
6 minute read
After several years of litigation, contentious hearings and unexpected twists, a settlement has been reached between various parties in the protracted conflict concerning the failed redevelopment of the Fashion Mall in Plantation.
The settlement dismisses all complaints brought by the parties against one another, including a $48 million lawsuit by the bankruptcy estate against an investor and several companies. It also enables Chinese investor Wei Chen to retain custody of a $1 million flower shop holding that the trustee had sought in legal proceedings.
The case appeared headed for resolution in the last two months.
On July 26 U.S. Bankruptcy Judge John K. Olson approved the terms of a settlement agreement between bankruptcy trustee Kenneth A. Welt, and feuding former business partners — Chen, his affiliated parties, and their opponent, Chinese businessman Zhen Zeng Du and his Tangshan Ganglu Iron & Steel Co.
By Aug. 16, Olson had also ordered the dismissal of another piece of the litigation: Welt's adversary proceedings against a company called Jin Zhi Star, for which Chen had served as an officer and shareholder.
Welt, Chen, Du and their respective affiliates were all locked in entangling lawsuits against one another over the failed venture to redevelop the Fashion Mall. The mall had opened in 1988 but was closed after significant damage from Hurricane Wilma in 2005.
Du and Chen had intended to transform the site into a live-work-play community called 321 North, with storefronts, a high-rise condominium, a branded hotel and more.
With $300 million allegedly invested into the project, tensions rose between the partners and the venture fell apart. Chen was meant to oversee the U.S. companies involved in the project while Du remained in China. But Du accused Chen of misappropriating millions of dollars.
Welt entered the picture as a court-appointed bankruptcy trustee. In 2015 he successfully moved to halt the Chapter 11 reorganization, saying the estate would recover more by selling the former mall through competitive bidding.
The property was sold in a bankruptcy auction on April 2015 for $37.7 million. Welt then filed an adversary complaint in August 2016 to recover more than $9 million that Chen allegedly diverted from the project.
Read the complaint filed by Kenneth Welt against Wei Chen:
Attorneys on both sides say their clients are relieved to move beyond years of fighting.
“Good meditations mean that nobody is thrilled to death, but he was satisfied and happy that a fair result came out of it,” said Jerry M. Markowitz, one of the attorneys representing Chen. Markowitz, a managing partner at Markowitz Ringel Trusty + Hartog in Miami, added that the mediator, attorney Russell M. Blain, “did a fantastic job in bringing everyone together,” especially considering the significant period of animosity between the various parties.
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