01-27-2010, 07:15 AM
Nancy, as I pointed out, the issue in the articles is that Shipman has a lease agreement with the centers owner & feels that their lease agreement was not honored (there is no mention of a zoning issue in anything I have read, so I do not think that is an issue in this).
I think that is the only issue in this is does the landowner have the right to have certain lease requirements, and did the shopping center break the lease requirements when they sublet the store... The store owner, as sub-letter would have to abide by his sub-lease, and I seem to remember that the center owner, as land tenant, would be liable to the landowner for the actions of the sub-let tenant.... but that is decades way back in my history from business law 101
I think that is the only issue in this is does the landowner have the right to have certain lease requirements, and did the shopping center break the lease requirements when they sublet the store... The store owner, as sub-letter would have to abide by his sub-lease, and I seem to remember that the center owner, as land tenant, would be liable to the landowner for the actions of the sub-let tenant.... but that is decades way back in my history from business law 101