Commerce Ltd. Partnership 9219 11 v. Brightway Builder, Inc.

In this case, the trial court granted Brightway Builder, Inc.’s motion to dismiss three counts against it, which were set forth in Commerce Limited Partnership # 9219 II’s complaint. In my view, nothing alleged in those counts showed that Commerce failed to state a cause of action against Brightway. The issue, as it boiled down on appeal, was whether the complaint on its face showed that Bright-way had the right to take the actions it allegedly took in derogation of Commerce’s rights, pursuant to an amended lease which was attached to the pleadings. However, this argument depended on…