Mel Frank Tool & Supply, Inc. v. Di-Chem Co.

LAVORATO, Justice.

City authorities informed a lessee, a chemical distributor, that it could no longer use its leased premises to store its hazardous chemi cals because of a recently enacted ordinance. The lessee vacated the premises, and the lessor sued for breach of the lease and for damages to the premises. The district court awarded the lessor judgment for unpaid rent and for damages to the premises. The lessee appeals, contending that the district court should have found that the city’s actions constituted extraordinary circumstances rendering the performance of the lease impossible. The…