by J. Brooks Terry
Staff Writer
Eviction proceedings for Magellan Academies & Child Development Centers, Inc. aren’t going quite as smoothly as originally planned.
The school, located in the Bank of America tower annex, has filed a motion to dismiss the claim filed on behalf of Jacksonville Tower Associates, the building’s ownership.
Akerman Senterfitt partner Grier Wells, the lead attorney representing Jacksonville Tower Associates, said a hearing to review the matter has been scheduled for Jan. 7, the earliest date available for Magellan’s counsel.
“Ultimately, this will be cleared up and we’re confident they’ll settle just not under short order like we would have hoped,” said Wells of the hearing.
Tensions between Jacksonville Tower Associates and Magellan came to a boiling point in late November, following months of unsettled lease payments.
After a deadline to “work things through” expired, a summary eviction procedure was filed, and Magellan, a three-year tenant, was sent a notice. Days later, they responded.
Additionally, Wells was instructed to send out a media advisory, hoping to let the school’s customers find other options before the eviction was finalized.
“We thought it was necessary to let them be aware of what was going on,” he said.
Wells, along with Parmeter Realty Partners, the building’s management company, originally speculated on a fairly painless eviction. However, despite the recent complication, the attorney is stressing Magellan’s contesting of the proceedings is “not well-founded” and, most likely, a “delaying action.”
Wells declined comment on what Magellan’s monthly payments were and what the outstanding balance is.
“We’re still confident this won’t go to trial,” he said. “And when (Jacksonville Tower Associates) takes possession of the property, we will still have to assess what Magellan owes and then find a way for them to get caught up on their back payments.”
Magellan is still in the building, but on a “reduced basis.”
The school has another location on the Southside, but it is currently unclear how the eviction downtown will affect their operations.
“Unfortunately we can’t stop them from trying to do this, but we hope to have it taken care of within three weeks, at most a few months.”
Calls to Magellan Academies & Child Development Centers, Inc. were not returned.