Sky Lake Gardens Recreation, Inc. v. Sky Lake Gardens No. 1, Inc.

I respectfully dissent. Although Equity may lie on the side of the Associations, this case must be decided on the Law, which squarely entitles the lessor to rental payments for the period when the recreation leases were rescinded by the trial court.

Sky Lake Gardens Recreation, Inc. [lessor], owns recreation facilities at Sky Lake Gardens Condominium and rents those facilities to the Associations pursuant to 99-year leases.1 In 1984, the Associations sued the lessor to declare invalid the rent escalation provisions of the leases. The lessor counterclaimed for rescission of the leases and…