Fitzhugh Investment Properties v. Commonwealth

By Judge T. J. Markow

This matter came to be heard on September 15,1994, upon the Demurrer. The following facts are those taken as true from the Motion for Judgment.

The parties entered into a Lease Agreement on January 1, 1989, for a three-story office building and parking lot in the City of Richmond, located at 4901 Fitzhugh Avenue and 4904 Radford Avenue. The lease term was five years, running from November 1, 1988, through October 31, 1993.

The lease included a “Termination Clause” which provided that either party could terminate the lease upon written notice, by certified or registered…