Simpson v. Fillichio

LETTS, Judge.

After a final judgment of condemnation, a dispute arose over the apportionment of the award among the owners/lessors and the long-term lessees. The owners claimed, under the condemnation clause of the lease, that they were entitled to that “portion of the award made for the land taken” unencumbered by the lease. The lessees argue that the value of the land should be subject to the lease. The trial court agreed with the latter interpretation. We reverse.

Both sides acknowledge that if there is no governing condemnation clause in the lease, the tenants in possession are entitled to…