Opinion
No. 301-11305, Jointly Administered
February 25, 2003
Paul G. Jennings, Sheldon M. Francis, BASS, BERRY SIMS PLC, Nashville, TN, and Herbert S. Sanger, Jr., WAGNER, MYERS SANGER, P.C., Knoxville, TN, Attorneys for Regal Cinemas, Inc.
ORDER
This matter came before the Court upon cross motions for summary judgment filed by Regal Cinemas, Inc. ("Regal") and Warrington Real Estate Ltd., P.A. ("Warrington") relative to Debtors' Objection to Allowance and/or Classification of Certain Real Estate and Contractual Claims; and upon the arguments of counsel at the December 17, 2002 hearing; and after due deliberation and based on all of the conclusions of law and findings of fact made by the Court on the record orally on January 28, 2003, which conclusions and findings are hereby incorporated by reference as if fully set forth herein;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. The Motion for Summary Judgment filed by Regal on Warrington's claim number 01715 is granted.
2. The Motion for Summary Judgment filed by Warrington on its claim number 01715 is denied.
3. Warrington's Motion to Stay Debtors' Objection to Allowance and/or Classification of Certain Real Estate and Contractual Claims is denied.
4. Regal's Objection to Allowance and/or Classification of Certain Real Estate and Contractual Claims is sustained as to the claim of Warrington.
5. Any and all claims for Regal's payment of real estate taxes is limited to 44.2956% of the real estate taxes paid by Landlord on the entire Shopping Center parcel. As Regal has paid based on this percentage, Warrington shall have no further claims against Regal or its estates.