Colonial Tri-City Ltd. Partnership v. Ben Franklin Stores, Inc.

OPINION

MICHAEL J. O’MELIA, Judge *

This case requires us to decide whether a plaintiff may use the summary proceeding for recovery of possession of leased premises, Ariz.Rev.Stat.Ann. (“A.R.S.”) section 33-361 (1990), to litigate whether, in the first instance, the parties have created a landlord and tenant relationship. We hold that plaintiff was not entitled to use the sectioh 33-361 summary proceedings to establish that defendant exercised its option to reassume a lease previously assigned to defendant’s franchisee. Consequently, because defendant established that plaintiff and defendant…