01-27-2010, 06:15 AM
I think that the issue for the Shipman company is not the location of the store in close proximity of the school. Their issue is that as the landowner, the lease of the land had specific requirements that the shopping center (the tenant to the Shipmans) did not follow in leasing out this shop.
If the contract is as stated in the articles I have read on this, they probably should have been notified of this potential use of their land prior to the sublease...
I'm guessing B. Orts would have more knowledge than I on this, but I do think that a landlord can set certain parameters on the type of retail establishment allowed on their lands.... and it seems that this is a case where they are asking the court to determine if the lease parameters have been exceeded.
If the contract is as stated in the articles I have read on this, they probably should have been notified of this potential use of their land prior to the sublease...
I'm guessing B. Orts would have more knowledge than I on this, but I do think that a landlord can set certain parameters on the type of retail establishment allowed on their lands.... and it seems that this is a case where they are asking the court to determine if the lease parameters have been exceeded.