Syracuse University has filed a lawsuit against the developer of The Marshall alleging breach of contract, private nuisance, trespass and unjust enrichment. 

The university is seeking at least $245,500 in damages from the company, Syracuse 727 LLC, according to a civil complaint filed Wednesday in Onondaga County Supreme Court. 

SU accuses Syracuse 727 LLC of violating an agreement that allowed the company to temporarily close a path between South Crouse Avenue and the university-owned Marshall Square Mall. 

The agreement was signed by the two parties in June 2017 and was supposed to expire in August 2018, according to the complaint.

During that time, Syracuse 727 LLC needed to block people out of the area while The Marshall was under construction, court records show.

The Marshall is an eight-story luxury student apartment building. The multimillion-dollar development opened in September 2018. 

Syracuse 727 LLC is owned by Aptitude Development LLC, a New Jersey-based real estate development firm founded by two SU alums, Jared Hutter and Brian Rosen.

Hutter in a text message early Friday said he wasn’t aware of the lawsuit. After The Daily Orange sent him the complaint, Hutter said he would comment further once reading it over.

“It’s a sad day,” Hutter said in an interview. “Our group is made up of a lot of high-profile alumni.”

Before tenants started moving in last year, SU alleges that the developer didn’t re-open the nearby path by the agreed upon date of Aug. 15, 2018.

The company then “continued to obstruct” the path until February 2019 through “fencing, signage, and other means,” the lawsuit says.

“The University, its students and invitees, and its tenants and invitees, were prevented from enjoying or otherwise using” the area, according to the complaint.

As part of the agreement, court records show that the developer also agreed to pay the university $1,000 every day, if the path was obstructed, between Aug. 15, 2018 and Sept. 1, 2018. 

After the latter date, Syracuse 727 LLC agreed to pay $1,500 every day under the same conditions.

In April 2019, SU sent an invoice of $245,500 to the developer for the daily fees, court records show. But the company disputed the number of days for which the fee was charged, according to the complaint.

That was Syracuse 727 LLC’s “final communication” with the university, the lawsuit says. The company never paid the invoice, SU alleges. 

SU has an easement that gives it the right of way to the path, according to the complaint. The path crosses over a parcel of land previously bought by Syracuse 727 LLC, property records and court records show.

“It is against equity and good conscience to permit Defendant to make use and receive the benefit of the Easement Area without compensation to Plaintiff,” the complaint says. 

Aside from the damages, SU is also seeking attorneys’ fees.

A university spokesperson declined to comment.

This is a developing story. Check back for updates.

Published on September 27, 2019 at 11:07 am

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