U.S. District Court judge dismisses Tal's Bricktown theater lawsuit

Journal Record, The (Oklahoma City), Oct 3, 2003 by Darren Currin

A U.S. District Court judge has dismissed a lawsuit filed by Moshe Tal against groups involved with the Bricktown theater project, citing claims involving the RICO and Sherman Acts.

Judge Stephen P. Friot issued a 28-page order this week dismissing the suit on the grounds that Tal's companies, Tal Technologies and Bricktown 2000, had adequate redress in the Oklahoma court system. Friot made his decision citing the Rooker-Feldman Doctrine, which says if a person receives adequate redress in a state court, then the litigation cannot be filed again in a federal district court.

The nine defendants named in the suit included Dan Hogan of TMK/ Hogan, Mark D. Elgin of Stonegate Management, and Tiana Douglas, former executive director of the Oklahoma City Urban Renewal Authority.

This helps in getting the Bricktown development back on track and removes a major impediment for the Bricktown developers as far as getting this situation wrapped up and into the final stages, said Brad L. Roberson, attorney with Pignato and Cooper, who represents Douglas.

Tal filed the lawsuit in March 2002 citing claims that Douglas and Urban Renewal unfairly conspired with developer Randy Hogan and his partners by not allowing Tal an opportunity to develop the 1.4 acres in Hogan's Bricktown Entertainment Center Development. Ground was broken last week on that land for construction of the Harkins Bricktown 16 Theater.

Friot dismissed Tal's allegations that Douglas and the Bricktown developers were in violation of the RICO and Sherman Acts by saying that Tal's claims were made with insufficient facts.

Judge Friot's decision is definitely an exception to the rule that justice delayed is justice denied, said Roberson. He took everything very seriously and stopped the litigation before it became ridiculously complicated as far taking deposition after deposition. All of the claims were essentially denied by doctrines that needed to be applied at this early stage.

All claims against the defendants were dismissed with prejudice by Friot, meaning Tal cannot file the suit in federal court again.

Tal has previously been involved in other lawsuits filed in county and state courts over the Bricktown projects since 2000. Last year, Tal lost a similar lawsuit filed in Oklahoma County court against the City of Oklahoma City, TMK/Hogan, Hogan Entertainment, Urban Renewal, and other parties involved with the Bricktown development.

The 16-screen movie theater will be operated by Scottsdale, Ariz.- based Harkins Theatres. In addition to the theater, Hogan is planning several additional retail buildings, the first two of which are slated to begin construction later this year.