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Constantino's and City Market reach settlement

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Indianapolis City Market and anchor tenant Constantino's Market Place have agreed to an amicable divorce.

On Thursday, the two sides inked a settlement agreement in their dispute over $27,000 in unpaid rent. Constantino’s last day of operations in the market will be Dec. 24. The small business must remove its stand, equipment and belongings by Jan. 8.

“Both parties will part as friends,” said Constantino’s attorney Cliff Rubenstein, of Maurer Rifkin and Hill PC. “Constantino’s hopes the City Market is hugely successful in the future.”

Under the agreement, Indianapolis City Market Corp. will release Constantino’s from its obligation to pay its overdue rent. Riley Bennett and Egloff LLP partner Bryce Bennett, who represents the market, said there’s been “a lot of interest” from other potential tenants who could take over Constantino’s space. But no decision has been made on what will replace the stand, which sold fresh meats, cheese and produce.

“Litigation is an emotional as well as a financial drain,” Bennett said. “It’s just better at this point to agree to resolve it this way than to continue.”

Constantino’s ties to the City Market date back to 1911. Its owners, the Mascari family, closed their stand in 1996, but reopened it two years ago at the urging of market officials, who then expected a $2.7 million renovation of the main hall to bring back crowds. The Mascaris invested between $250,000 and $300,000 to build their 1,217-square-foot stand and install its refrigerated display cases.

In a Nov. 14 story, IBJ reported the 123-year-old City Market—which is now half-full, with only 25 tenants—had begun playing hardball with businesses in arrears, securing permission for Constantino’s eviction from Marion Superior Court Judge David Shaheed.

Constantino’s stopped paying rent 13 months ago, believing the terms of  its lease had been violated. After a hiatus, Constantino’s made partial payments in recent months. The business had argued it held exclusive rights to sell fresh fruit, vegetables and gift baskets in the City Market, and that the popular farmers’ market and several other stands violated its deal.

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  1. I had read earlier this spring that Noodles & Co was going to open in the Fishers Marketplace (which is SR 37 and 131st St, not 141st St, just FYI). Any word on that? Also, do you happen to know what is being built in Carmel at Pennsylvania and Old Meridian? May just be an office building but I'm not sure.

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  3. Also wondering if there is an update on the Brockway Pub-Danny Boy restaurant/taproom that was planned for the village as well?

  4. Why does the majority get to trample on the rights of the minority? You do realize that banning gay marriage does not rid the world of gay people, right? They are still going to be around and they are still going to continue to exist. The best way to get it all out of the spotlight? LEGALIZE IT! If gay marriage is legal, they will get to stop trying to push for it and you will get to stop seeing it all over the news. Why do Christians get to decide what is moral?? Why do you get to push your religion on others? How would legalizing gay marriage expose their lifestyle to your children? By the way, their lifestyle is going to continue whether gay marriage is legalized or not. It's been legal in Canada for quite a while now and they seem to be doing just fine. What about actual rules handed down by God? What about not working on Sundays? What about obeying your parents? What about adultery? These are in the 10 Commandments, the most important of God's rules. Yet they are all perfectly legal. What about divorce? Only God is allowed to dissolve a marriage so why don't you work hard to get divorce banned? Why do you get to pick and choose the parts of the Bible you care about?

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