Grand/Sakwa filed suit June 27 seeking a judicial declarationthat the joint development agreement signed by Malan andGrand/Sakwa concerning the redevelopment is unenforceable. Malanfiled its answer to that claim denying Grand/Sakwa's contentions.It also filed a counterclaim seeking specific performance of theagreement, alleging breach of contract and claiming a breach ofduty by Grand/Sakwa to negotiate in good faith.

"We do not believe Grand/Sakwa's suit has merit and Malan hasresponded accordingly," says McKenna. "Malan has demonstrated itswillingness to go forward with this project by placing $9 millionof its funds in escrow, which it had received from refinancing oneof its properties."

Grand/Sakwa's attorney, Peter Alter of Detroit-based HonigmanMiller Schwartz and Cohn, did not return phone calls about thecase.

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