Lawyers for filmmaker Tyler Perry and a civilian agency filed motions this week seeking dismissal of a lawsuit challenging Perry’s plans to build a movie studio at Fort McPherson.
Perry’s attorneys called the complaint by Ubiquitous Entertainment Studios “frivolous. Perry and his Tyler Perry Studios did not take the plaintiff’s plans nor did they “usurp” Ubiquitous’ “business opportunity” to build an 80-acre studio complex at Fort McPherson, the Monday filing in U.S. District Court in Atlanta said.
Atlanta Mayor Kasim Reed confirmed in June that the city and Perry were negotiating a deal for the filmmaker to acquire most of the former fort for $33 million.
Ubiquitous filed suit earlier this month against Perry and several local and federal agencies, claiming the company had planned its own studio complex. Ubiquitous said it had been in discussions about the site since 2011 and offered late last year to buy land from the McPherson Implementing Local Redevelopment Authority (MILRA), the civilian authority overseeing the future development of the post.
Ubiquitous’ offer was put on hold because MILRA could not negotiate until it acquired the post from the Army, the suit said.
Ubiquitous said MILRA’s actions violate the authority’s by-laws, according to the original complaint. The authority’s talks with Perry represent a no-bid scenario that didn’t allow Ubiquitous or others a chance to respond. The company is asking for a declaratory judgment and damages.
Perry’s lawyers argued that Ubiquitous’ discussions with MILRA never rose to the level of negotiations and that “somehow out of these alleged oral discussions and communications” Ubiquitous “attempted to manufacture claims against the Perry Defendants.”
MILRA attorneys also sought dismissal. MILRA argues that Ubiquitous’ claims do not specify a right that the authority has violated and that its December letter “can in no real sense be considered an offer to purchase particular property.”
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