The Gap, Inc. v. GK Development, Inc.

BENTON, Circuit Judge.

This case addresses the meaning of a lease for a Gap store at Columbia Mall in Grand Forks, North Dakota. The Gap, Inc., says the lease does not require it to pay for heating, ventilation, and air conditioning (HVAC) expenses and a share of mall operation costs. The mail’s management company, GK Development, Inc., and owner, Columbia Grand Forks, LLC, (collectively “GK”) disagree. The district court 1 agreed with Gap, declaring that it has no obligation to pay for HVAC or common area maintenance expenses. Having jurisdiction under 28 U.S.C. §1291, this court affirms, but…