Lawsuit Will Decide Fate Of St. Louis' Fabulous Fox Theatre

A decision on the fate of St. Louis' Fabulous Fox Theatre is imminent after the two groups part of the dispute presented their arguments Tuesday at St. Louis Circuit Court.

Judge Michael Stelzer has yet to issue a ruling after a hearing which lasted several hours at which attorneys for Fox Associates LLC and Foxland Inc argued that each should have sole control of the historic venue which has played host to Broadway tours for decades.

A decision in the case is expected later this month.

At the center of the dispute is an unusual, original 1926 lease arrangement that grants Fox Associates LLC a 99 year lease to most of the land the theater sits on, for which they have been paying the annual fee of $40,000. Fox Associates bought the theater in 1981 and spent $10 million dollars on renovations and upgrades to make the Fox suitable for large Broadway productions.

Foxland owns 75% of the land beneath the theater, its grand entrance, and a ballroom space within the venue. Fox Associates owns 25% of the land, the main stage, backstage, orchestra pit, seating on the northern side of the theatre, and some additional land around the venue.

Fox Associates' group has warned that if they lose control of the theatre, Broadway shows will stop coming to St. Louis. Foxland has countered that they have an operator prepared to take over the Broadway touring season when the lease expires in 2025.

The St. Louis Post-Dispatch reports that in the original terms of the lease "In 1926, the predecessors to Fox Associates and Foxland agreed to build a theater on land both companies owned. The deal stipulated that Fox Associates would lease the building from Foxland for $40,000 a year for 99 years until 2025, when Foxland would take possession of the operations and building, according to court documents."

Fox Associates reportedly disputes the 'intentions' of the original terms of their lease, and hopes to prevail in court. Regardless the outcome of this case, Fox Associates also has the exclusive rights to present Broadway programming at the Stifel Theatre in downtown St. Louis.

Should Foxland prevail, there will be competition to bring Broadway tours to St. Louis. BroadwayWorld will continue to follow this story.

The Fox was built in 1929 by movie pioneer William Fox as a showcase for the films of the Fox Film Corporation and elaborate stage shows. It was one of a group of five spectacular Fox Theatres built by Fox in the late 1920s. (The others were the Fox Theatres in Brooklyn, Atlanta, Detroit, and San Francisco.) When the theater opened on January 31, 1929, it was reportedly the second-largest theater in the United States, with 5,060 seats.

Photo Credit: "Blue Fox" by Philip Leara is marked with CC0 1.0.

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