A federal judge has dismissed the complaint by Dave & Buster’s Inc. against the owners of White Flint Mall and ordered the arcade and restaurant to vacate the mall in 30 days.
The judgment by Judge Roger W. Titus was filed Tuesday in U.S. District Court for the District of Maryland.
Titus ruled that Lerner Enterprises, the owners of the mall, had the right to terminate its lease with Dave & Buster’s because the company opened another location at Arundel Mills Mall in 2006, which was inside the radius prohibited by the original lease.
Lawyers for Dave & Buster’s argued that its 35-year lease signed in 1995 is still valid, according to court documents.
The judgment is another small step toward Lerner Enterprises’ goal of redeveloping the land where the mall currently stands into a mini-city.
However, a similar lawsuit filed by Lord & Taylor is still making its way through the court system.