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Mazda dealers taking their turf fight to court

A franchise sues to keep another from opening on County Road 54. But it may be a ploy to gain leverage.

By JAMES THORNER
Published January 26, 2005


WESLEY CHAPEL - A competing auto dealership has sued to block Mazda of Wesley Chapel from opening near the gates of the Lexington Oaks and Westbrook Estates neighborhoods on County Road 54.

The trial pitting Mazda of Wesley Chapel against Ferman Mazda on N Florida Avenue is scheduled for the week of Aug. 8, though dealers often settle before such cases reach a judge.

Ferman has protested the opening of Wesley Chapel Mazda on the grounds that its north Tampa location already serves much of the territory sought by the other dealership.

Such protests rarely derail new dealerships. But they let existing dealers such as Ferman extract concessions from car manufacturers, in this case Madza Motor of America Inc.

Ferman, for example, could pressure Mazda to steer a bigger share of a hot-selling model to it or cut it a better deal on promotions and advertising. Sometimes the manufacturer oils the deal with a cash payment to the aggrieved dealer.

Ferman isn't alone in protesting the new Mazda dealer. Franchisee Scott Fink plans to build twin dealerships, Mazda and Hyundai, north of Progress Parkway on CR 54, within sight of both Westbrook Estates and Lexington Oaks.

A residents group called We Love Wesley Chapel has challenged the dealerships, demanding, at a minimum, that they shroud themselves in greenery so that they're less noticeable.

Neither Ferman nor Mazda of Wesley Chapel would speak on the record about the case.

Another prospective Wesley Chapel dealership is engaged in a similar legal tussle. Buddy Foster Chevrolet is trying to move from Zephyrhills to the interchange of Interstate 75 and State Road 56.

Two competitors, Gordon Chevrolet on N Dale Mabry Highway and University Chevrolet on N Florida Avenue, took Foster to court in a trial that ended in the fall. The judge's ruling is pending.

[Last modified January 26, 2005, 00:13:15]


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