Saratoga News

Saratoga Drug Store gets a fighting chance in court

By Sarah Lombardo

Santa Clara County Superior Court Judge Mary Jo Levinger denied a motion by Saratoga Drug Store building owner Marcelle Bloxham last Thursday afternoon to reverse an earlier decision in favor of the store's owner. The ruling means a victory for drugstore owner Ray Rossi and a chance to take the battle further in court.

"We are very optimistic now that we can win," Rossi said.

Lawyers from both sides are expected to meet in the next few weeks to decide on the next step.

The dispute involves Rossi's decision to exercise an option on his lease agreement that would extend the lease for his Big Basin Way store another 10 years. The court had decided earlier this year that the lease, signed in 1992, was invalid, but a technicality pointed out by Rossi's attorney made Levinger change her decision on appeal.

Pending a decision on the validity of the lease, a future decision will be made regarding what constitutes a fair rent price for the 2,200-square-foot store. Bloxham notified Rossi in the spring that rent for the space the store occupies would be nearly doubling, from about $3,000 to $6,000 a month. Rossi said the amount is excessive and he can't afford it.

The Saratoga Drug Store has been owned by Rossi for almost 20 years, but has had a presence in the Village since 1904.

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