Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida
786-574-4943

Breach of contract suit filed against sports team

A baseball team is under fire for allegedly not paying out money owed to a partner, according to business news sources. Florida fans may be familiar with the Lake Erie Crushers, whose parent company Avon Baseball LLC is being sued for breach of contract by the town that bears its name. The suit stems from a contract dispute culminating in the June 12 filing. 

According to the complainant, a contract signed in 2008 to lease out a stadium included the design, construction and maintenance of a marquee. This marquee was given wholesale to Avon Baseball to populate with advertising of their choosing. However, this was done with the understanding that 100 percent of net revenue generated by that advertising would be remanded to the town to help pay for improvements on the stadium and other side projects. 

The contract was confirmed to have been signed by both parties. However, the town of Avon has charged that Avon Baseball has refused to turn over any of the net marquee revenue since 2011, despite being routinely reminded of its obligation. The town is currently seeking unspecified damages, and the case is currently under review by a local business court. 

The transfer of net revenue between agencies is best handled in a contract capacity, as Florida business owners are well aware. A breach of contract in this case could be interpreted as biting the hand that feeds a company like Avon Baseball, which relies on the town to lease out a stadium in which to operate. However, as with all things, this is a case for the courts to determine after reviewing the evidence presented by both sides of this debate.

Source: morningjournal.com, "Avon sues Lake Erie Crushers over breach of contract", Adriana Cuevas, Jan. 14, 2015

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