Fifth Third Bank v. Carroll Building Co.

Wolff, Judge.

{¶ 1} The city of Dayton appeals from a judgment of the Montgomery County Court of Common Pleas, which determined that a commercial ground lease between the city and Carroll Building Co., L.L.C. (“CBC”) had been renewed.

{¶ 2} Although it was undisputed that CBC (through its receiver) did not exercise its option to renew in accordance with the terms of the lease, the trial court concluded that the city was estopped from terminating the lease. For the reasons that follow, the judgment of the trial court will be reversed, and the matter will be remanded for further proceedings.

I

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