Legal Opinion
Sears, Roebuck & Co. v. Forbes/Cohen Florida Properties, L.P.
District Court of Appeal of Florida
Decided July 12, 2017No. 4D16-2314PublishedCited by 7 opinions
1Opinion of the CourtLevine, J.
Sears, Roebuck has a lease- with Forbes/Cohen for a store within the Gardens Mall. It attempted to sublease part of its store to Dick’s Sporting Goods. However, the landlord disapproved of the sublease and collaborated with the City of Palm Beach Gardens, unbeknownst to Sears, to enact a resolution to now require both the landlord and the City to agree to any subdivision of space within the Gardens Mall.
■ The issues presented in this case are whether the City’s resolution unconstitutionally impairs Sears’s contract rights and whether that resolution violates substantive due process because it…
2Cases cited42 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Farrar v. HobbySupreme Court of the United States · 1992
- Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
- Spell v. McDanielCourt of Appeals for the Fourth Circuit · 1987
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3Cited by7 opinions
- WAYNE GOLDMAN, MARIANNE GOLDMAN & SEAN ACOSTA v. STEPHEN LUSTIG, JOSEPH F. IERACITANODistrict Court of Appeal of Florida · 2018
- Holiday Isle Improvement Association, Inc. v. Destin Parcel 160, LLCDistrict Court of Appeal of Florida · 2018
- S.L v. a minor, by ANIKO VIGI, as natural guardian, etc. v. ARPAD TOTHDistrict Court of Appeal of Florida · 2019
- Destin Pointe Owners' Association, Inc. v. Destin Parcel 160, LLC, a Florida limted etc.District Court of Appeal of Florida · 2019
- Dick's Sporting Goods, Inc. v. Forbes/Cohen Florida Properties, L.P.District Court, S.D. Florida · 2020
2 more not listed; retrieve them via the Exa API.