Retailer fires back at Desert Passage

Wednesday, Dec. 26, 2001 | 9:51 a.m.

Aspen, Colo.-based luxury apparel retailer Manrico Cashmere USA Inc., which was sued by its landlord Desert Passage over alleged unpaid rents, countersued to recover 740 articles of clothing worth $318,700 it says the mall operator illegally seized.

Manrico sued Desert Passage, a mall at the Aladdin resort in Las Vegas, in Clark County District Court on Dec. 18.

The suit was filed one day after the mall sued to get court approval to sell Manrico's inventory and to use the proceeds to offset Manrico's alleged unpaid utility and marketing bills, property taxes and late charges.

Manrico, which opened on Aug. 17, 2000, said it stopped doing business at Desert Passage on Aug. 3 after the mall breached a lease agreement by allegedly failing to serve Manrico "a notice of default and opportunity to cure" before taking possession of its property.

Manrico, which said Desert Passage refused to allow Manrico's managing director Virgille Verellen to remove some boxes of old merchandise despite his explanation that new merchandise was arriving within a day, said he was locked out on Aug. 1 and "intimidated and physically assaulted" by Desert Passage security guards when he tried to remove the merchandise.

The defendant could not be reached for comment.