Battle continues between Lord & Taylor and owners of White Flint Mall

White Flint Mall is being torn down to make way for a new development, but one department store still left there wants to use drone video footage in its lawsuit against the mall's owners.

The video was shot by Mike Purks and the drone flies around the mall as it is undergoing demolition. It was made without the mall's permission and the drone was flown inside the Federal Aviation Administration's D.C. area no fly zone. The video has been viewed over 93,000 times.

Even though just about everything around it is being torn down, Lord and Taylor is still open. But the store is suing mall owners, Lerner Enterprises, on grounds the company violated a lease that says it promised the mall would be a first-class, high-fashion shopping center until the year 2042.

"White Flint Mall is about to turn into this town center type of community," said Amy Ginsburg, executive director of Friends of White Flint.

Ginsburg's group supports the redevelopment of the mall. She said the 70s style malls have waned in popularity and White Flint is no exception.

"The new thing is walkable town centers -- live, work, play communities," she said.

Lord and Taylor isn't giving up though. They are asking a federal judge to enter the drone video into evidence in their lawsuit. The Montgomery County Council President George Levanthal said the redevelopment is needed.

"We certainly view White Flint as the most exciting near term opportunity for growing our tax base," he said.

But the bad blood between Lord and Taylor and Lerner Enterprises has also grown. The case goes to trial on Tuesday.