Montgomery Ward & Co. v. Crossroads Shopping Center

VAN CISE, Judge.

This is an action for specific performance of a clause in a shopping center lease grant ing the tenant an option to rent additional retail space, for a declaratory judgment, and for damages, brought by plaintiff Montgomery Ward & Co., Inc. (the tenant) against defendant Crossroads Shopping Center’s predecessors in interest as landlords. Crossroads has been substituted for the original defendants.

Based on a holding that the option clause in the lease violated the rule against perpe-tuities, the trial court granted the landlord’s motion for summary judgment and dismissed the…