ST. LOUIS-Brand restructuring can be a long and occasionally bumpy road. In the summer of 2003, the May Department Stores Co., which owns numerous retail brands across the company, unveiled plans to close 32 of its underperforming Lord & Taylor stores, or nearly half, and refocus the remaining ones as upscale fashion retailers, as opposed to department stores. At the beginning of 2005, the company says that it has completed arrangements to close 25 of these 32 stores.

However, in at least one case, the process has gotten a little sticky, with May now involved in a legal dispute with Michigan-based mall owner Taubman Centers Inc. over the fate of a Lord & Taylor in metro Denver. May filed suit in U.S. District Court for the District of Colorado against Taubman last fall, after the REIT declined to let May replace its Lord & Taylor in the Cherry Creek Shopping Center with a Foley’s Men’s and Home store.

Neither party, including their Denver-based attorneys, is commenting for publication about the dispute, but the essence of the dust-up isn’t too difficult to discern. Taubman feels that any replacement for Lord & Taylor needs to be another department store, preferably another upscale store. May counters that a Foley’s Men’s and Home store is a perfectly acceptable choice for the spot, and that it is a department store, as defined by its reciprocal easement agreement with Taubman.

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