Legal Opinion
Foundation Development Corp. v. Loehmann's, Inc.
Court of Appeals of Arizona
Decided March 7, 1989No. 1 CA-CIV 9735PublishedCited by 3 opinions
1Opinion of the Court
OPINION
GREER, Presiding Judge.
We address whether a tenant’s delay in paying a common-area charge was a material breach of the commercial lease, based on DVM Co. v. Bricker, 137 Ariz. 589, 672 P.2d 933, connected case, 43 B.R.Rep. 344 (D.Ariz.1983), and the “time is of the essence” provision in the lease. We also address whether the landlord’s notice demanding payment was sufficiently clear to be effective.
BACKGROUND
In 1978, Loehmann’s, Inc. became the anchor tenant in a shopping center. Loeh-mann’s twenty-year lease provided that it would pay monthly rent in the amount of $3,750. Sections 6.5…
2Cases cited20 opinions
- Woelke & Romero Framing, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1982
- Town of Chino Valley v. City of PrescottArizona Supreme Court · 1981
- Zancanaro v. CrossArizona Supreme Court · 1959
- Taylor v. Southern Pacific Transportation Co.Arizona Supreme Court · 1981
- Sahf v. Lake Havasu City Ass'n for the Retarded & HandicappedCourt of Appeals of Arizona · 1986
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3Cited by3 opinions
- Foundation Development Corp. v. Loehmann's, Inc.Arizona Supreme Court · 1990
- Rreef Management Co. v. Camex Productions, Inc.Court of Appeals of Arizona · 1997
- Bowler v. Wells Fargo Bank NADistrict Court, D. Arizona · 2020