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    Downtown Development v. K-Mart Corporation, 1st Cir. (1998)

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    The US Court of Appeals for the First Circuit affirms the district court's grant of summary judgment in favor of K-Mart Corporation in a case brought by Downtown Development Corporation. The Appeals Court finds that clause 27 of the lease agreement between the parties, which grants K-Mart the option to remain as a month-to-month tenant after the expiration of the lease until forced to leave by the courts, is dispositive. As K-Mart simply exercised this option provision, the district court properly granted summary judgment in K-Mart's favor.

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    Downtown Development v. K-Mart Corporation, 1st Cir. (1998)

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    The US Court of Appeals for the First Circuit affirms the district court's grant of summary judgment in favor of K-Mart Corporation in a case brought by Downtown Development Corporation. The Appeals Court finds that clause 27 of the lease agreement between the parties, which grants K-Mart the option to remain as a month-to-month tenant after the expiration of the lease until forced to leave by the courts, is dispositive. As K-Mart simply exercised this option provision, the district court properly granted summary judgment in K-Mart's favor.

    Original Description:

    Filed: 1998-03-02 Precedential Status: Precedential Docket: 97-2316

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    The US Court of Appeals for the First Circuit affirms the district court's grant of summary judgment in favor of K-Mart Corporation in a case brought by Downtown Development Corporation. The Appeals Court finds that clause 27 of the lease agreement between the parties, which grants K-Mart the option to remain as a month-to-month tenant after the expiration of the lease until forced to leave by the courts, is dispositive. As K-Mart simply exercised this option provision, the district court properly granted summary judgment in K-Mart's favor.

    Copyright:

    Public Domain
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    3 views6 pages

    Downtown Development v. K-Mart Corporation, 1st Cir. (1998)

    Uploaded by

    Scribd Government Docs
    The US Court of Appeals for the First Circuit affirms the district court's grant of summary judgment in favor of K-Mart Corporation in a case brought by Downtown Development Corporation. The Appeals Court finds that clause 27 of the lease agreement between the parties, which grants K-Mart the option to remain as a month-to-month tenant after the expiration of the lease until forced to leave by the courts, is dispositive. As K-Mart simply exercised this option provision, the district court properly granted summary judgment in K-Mart's favor.

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    of 6

    USCA1 Opinion

    [NOT FOR PUBLICATION]

    United States Court of Appeals


    For the First Circuit
    ____________________

    No. 97-2316

    DOWNTOWN DEVELOPMENT, CORP.,

    Plaintiff - Appellant,

    v.

    K-MART CORPORATION,

    Defendant - Appellee.

    ____________________

    APPEAL FROM THE UNITED STATES DISTRICT COURT

    FOR THE DISTRICT OF PUERTO RICO

    [Hon. Carmen Consuelo Cerezo, U.S. District Judge]


    ___________________

    ____________________

    Before

    Torruella, Chief Judge,


    ___________

    Selya and Stahl, Circuit Judges.


    ______________

    _____________________

    Johanna Emmanuelli Huertas, with whom Pedro E. Ortiz Alvarez


    __________________________
    ______________________
    and The Law Offices of Pedro E. Ortiz Alvarez were
    __________________________________________

    on brief for

    appellant.
    Jon R. Steiger,
    _______________
    Howard,
    ______

    with whom

    Steven C. Lausell,
    __________________

    Patrick M. McCarthy, Howard &


    ____________________ _________

    James W. McCartney
    ____________________

    Graffam & Lausell were on brief for appellee.


    _________________

    and

    Jim nez,
    ________

    ____________________

    February 26, 1998


    ____________________

    Per Curiam.
    Per Curiam.
    ___________

    On

    March 27, 1996,

    Downtown Development

    Corporation

    ("Downtown") filed

    arising from

    this action

    K-Mart Corporation's

    to recover

    damages

    ("K-Mart's") alleged

    illegal

    occupancy of Downtown's property in Ponce, Puerto Rico.

    appeals the district

    court's decision to grant

    Downtown

    summary judgment

    in favor of K-Mart Corporation ("K-Mart").

    We affirm on the grounds stated in the district court's

    opinion and order.

    See Downtown Dev. Corp. v. K-Mart Corp., Civ.


    ___ ___________________
    ____________

    96-1497CCC (D.P.R. September 25, 1997).

    lease at

    issue dispositive.

    We find clause 27 of the

    As the district court

    provision grants K-Mart the option to remain as

    tenant after the expiration of

    by the courts.

    option.

    noted, that

    a month-to-month

    the lease until it is

    forced out

    In the instant case, K-Mart simply exercised this

    Costs to be assessed against appellant.

    Affirmed.
    Affirmed
    ________

    -2-

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