Court: White Flint’s Lord & Taylor can stay open

Also still open at White Flint is Lord & Taylor, which is in full, pre-holiday sale mode. (WTOP/Michelle Basch)

WASHINGTON — A popular Montgomery County shopping mall, leveled for redevelopment, remains in limbo after an appeals court found the only remaining store has the right to keep its doors open.

The concrete pile that was White Flint Mall on Montgomery County’s Rockville Pike has long been an eyesore, with just one structure left standing: Lord & Taylor.

An opinion published Tuesday by three judges of the Fourth Circuit Court of Appeals upheld a 2015 district court ruling in favor of the department store.

The decision puts a further hold on the owners, Lerner Enterprises and The Tower Companies, from moving forward with a $800 million redevelopment plan.

The opinion confirmed the mall breached an easement agreement with Lord & Taylor when they promised to maintain the property as a “first class” mall until at least 2042.

The judges also found there was no reasonable certainty the store would recover the losses it would incur by closing for the redevelopment.

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