Barbee v. 2639 Corp.

Defendants move to dismiss the amended complaint pursuant to subdivisions 1 and 4 of rule 106 and subdivision 1 of rule 107 of the Rules of Civil Practice, and to vacate the lis pendens. The action was instituted for a declaratory-judgment and an injunction. The controversy has its inception in what can be described as a change-over from a residential type of occupancy to one of business occupancy. Defendants contend that the State Rent Commission has exclusive control and that this court lacks jurisdiction, and as a matter of discretion this court should refuse to take jurisdiction. The…