STAFFORD, Va. - A Stafford County Circuit Judge said on Monday that he would allow a full hearing in a civil lawsuit involving local sex shop Pheromoans. A neighboring business is suing the adult store's owners for allegedly violating an agreement that bans adult-oriented businesses in the shopping center where Pheromoans opened in fall 2006.
Phermoans' owners told the Free Lance Star that they were unaware of the rules before signing the lease and asked that the case be dismissed.
The center's developer claims to have provided a list of 30 banned business types (which included sex shops) when the complex was first built. However, Rachel Goldstein, an attorney who represents Phermoans, told the Free Lance Star that it should be the landlord and not her client who is saddled with the responsibility of making sure that agreement is enforced.
Goldstein has some strong evidence backing her up, as court documents confirm that the covenant was not disclosed during the lease. For that reason, Goldstein told the Free Lance Star, Pheromoans is obligated only to the lease, and not the covenant or any attorney's fees that the prosecution might incur during litigation.
"The modern commercial market calls for that burden to be redirected," she said. "Landlords are certainly in a better position to make them aware of covenants on the land."
The judge has said he needs to hear more evidence, including certain facets of the lease agreement. According to the report, a date for the full hearing has not been set.
A separate civil case between Pheromoans and the shop's landlord is also pending.
Legal
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