20190910-nws-moundsmall file photo 3.JPG

Anderson’s Mounds Mall closed April 1, 2018.

ANDERSON — The former owner of the Mounds 10 Theater has filed a lawsuit against the new owner for possession of all the equipment.

Anderson Mounds Theater filed the lawsuit against Holliday Inc. and new Mounds Mall owner Mark Squillante in Madison Circuit Court Division 6 for an estimated $1.2 million in theater equipment, concession stand items and other assorted property.

The replevin complaint claims the property in question is owned by Anderson Mounds Theater, which is owned by the Cook family.

A replevin complaint is a procedure whereby seized goods may be provisionally restored to their owner pending the outcome of an action to determine the rights of the parties concerned.

The lawsuit was filed by local attorney Jonathon Cook and maintains the Anderson Mounds Theater is the rightful owner of the property and has the right to immediate possession.

It claims that Holliday Inc. has refused to turn over possession of the property and continues to exert unauthorized control over the property.

Cook did not return a telephone call from The Herald Bulletin seeking comment on Monday.

Holliday Inc. attorney Evan Broderick said Monday there is currently an attempt to negotiate a resolution involving the personal and real property.

“We hope to resolve all the issues,” he said.

The Mounds Mall was closed on April 1, 2018, after the Cook family was unable to pay delinquent property taxes. The facility was listed on the 2018 certificate sale but no bids were received.

The mall was again listed on the April 2019 certificate sale with approximately $821,000 owed in past-due property taxes.

Squillante and his brother, Jason, purchased the Mounds Mall for $12,000 earlier this year and took possession in August.

The Cook family did pay the $321,000 in past-due property taxes on the land where the mall is located.

Included in the lawsuit on the list of equipment are projectors, sound system, theater screens and seats with a value of $1,057,000; popcorn poppers, unopened popcorn, pretzels, hot dogs and related equipment valued at $20,713; digital sign along Scatterfield Road, movie posters, safes, office equipment and other items with a value of $117,045.

Follow Ken de la Bastide on Twitter @KendelaBastide, or call 765-640-4863.

Senior Reporter covering Anderson and Madison County government, politics and auto racing for The Herald Bulletin. Has been working as a journalist in central Indiana since 1977.

Recommended for you