Toys "R" Us, Inc. v. NBD Trust Co. of Illinois

CUDAHY, Circuit Judge.

A tenant brought suit against its landlord seeking, among other things, a declaration that the landlord was required to reasonably consent to a sublease and to proposed alterations to the exterior of the demised premises. Pursuant to the district court’s request, the parties submitted the case for summary judgment on the record developed in conjunction with the tenant’s preliminary injunction motion. The district court entered summary judgment for the landlord because it found that, under the terms of the controlling documents, the landlord was entitled to withhold its…