Curtis D. Harris, BS, CGREA, REB
Associate Degree in Architecture, LACCBachelor of Science in Real Estate, CSULA
State Certified General Appraiser
Real Estate Broker
ASTM E-2018 Commercial Real Estate Inspector
HUD 203k Consultant
HUD/FHA Real Estate Appraiser/Reviewer
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From: Landlord/Tenant Law - Justia Weekly Opinion Summaries [mailto:email@example.com] On Behalf Of Landlord/Tenant Law - Justia Weekly Opinion Summaries
Sent: Friday, 21 April, 2017 7:04 AM
Subject: Latest 2 Cases This Week: Wilmington Trust Co. v. AEP Generating Co. (6th Cir.), Mongeon Bay Properties, LLC v. Mallets Bay Homeowner's Assn., Inc ...
Free Landlord - Tenant case summaries from Justia.
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April 21, 2017
Table of ContentsWilmington Trust Co. v. AEP Generating Co.Contracts, Energy, Oil & Gas Law, Environmental Law, Landlord - Tenant U.S. Court of Appeals for the Sixth CircuitMongeon Bay Properties, LLC v. Mallets Bay Homeowner's Assn., Inc.Civil Procedure, Landlord - Tenant, Real Estate & Property Law Vermont Supreme Court
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Landlord - Tenant OpinionsWilmington Trust Co. v. AEP Generating Co. Court: U.S. Court of Appeals for the Sixth CircuitDocket: 16-3496 Opinion Date: April 14, 2017Judge: Richard Allen Griffin Areas of Law: Contracts, Energy, Oil & Gas Law, Environmental Law, Landlord - Tenant Nearly 20 years after defendants built, sold, and leased back a Rockport Indiana coal-burning power plant, they committed, in a consent decree resolving lawsuits involving alleged Clean Air Act violations at their other power plants, to either make over a billion dollars of emission control improvements to the plant, or shut it down. The sale and leaseback arrangement was a means of financing construction. Defendants then obtained a modification to the consent decree providing that these improvements need not be made until after their lease expired, pushing their commitments to improve the air quality of the plant’s emissions to the plaintiff, the investors who had financed construction and who would own the plant after the 33-year lease term. The district court held this encumbrance did not violate the parties’ contracts governing the sale and leaseback, and that plaintiff’s breach of contract claims precluded it from maintaining an alternative cause of action for breach of the covenant of good faith and fair dealing. The Sixth Circuit reversed, holding that a Permitted Lien exception in the lease unambiguously supports the plaintiff’s position and that the defendants’ actions “materially adversely affected’ plaintiff’s interests.Read Opinion Are you a lawyer? Annotate this case.Mongeon Bay Properties, LLC v. Mallets Bay Homeowner's Assn., Inc. Court: Vermont Supreme CourtCitation: 2017 VT 27 Opinion Date: April 17, 2017Judge: Beth Robinson Areas of Law: Civil Procedure, Landlord - Tenant, Real Estate & Property Law Mallets Bay Homeowner’s Association appealed the trial court’s partial denial of its motion to stay the issuance of a writ of possession in favor of Mongeon Bay Properties (MBP) following the termination of the Association’s ground lease. Members of the Mongeon family set up a partnership to own the land under approximately 25 camps, and the partnership entered into a ground lease with the Association, rather than the individual owners of each residence. The ground lease was due to expire in 2036. The lease contained a forfeiture clause, providing that the lease would terminate “if the [Association] shall fail to perform or comply with any terms of this Lease.” MBP sued the Association in January 2012, seeking damages and termination of the ground lease because the Association had failed to perform reasonable repairs and upkeep as required by the lease. The trial court concluded that the Association’s failure to properly maintain the property and the resulting damage amounted to “waste,” and therefore the Association had violated the lease. However, the trial court determined that terminating the lease under the default provision was inequitable and instead awarded MBP damages to cover the cost of repairing the property. On appeal, the Vermont Supreme Court affirmed the trial court’s determination that the Association had breached the lease, but remanded for reconsideration of MBP’s remedy. In 2016, the Association requested that the trial court stay the issuance of a writ of possession, arguing there was good cause for the court to stay the writ until 2036, when the lease was set to expire. The trial court entered judgment in favor of MBP, terminated the ground lease, and held MBP was to be granted a writ of possession for the property. After review, the Supreme Court reversed the trial court’s order in part, and remanded for the trial court to exercise its discretion. On remand, the question about which the trial court should exercise its discretion was whether to grant a longer stay than reflected in an October 31 order. The trial court could exercise that discretion on the basis of the parties’ pleadings, or decide to not hold any further hearings unless it chooses to.Read Opinion Are you a lawyer? Annotate this case.
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