Mountain Restaurant Corp. v. Parkcenter Mall Associates

SILAK, Judge.

This appeal involves the question whether a shopping mall landlord’s failure to provide the number of parking spaces specified in a commercial lease constitutes a material breach of that lease. Following a court trial, the district court found that the landlord had breached the contract, but that the breach was not material and that the tenant was not entitled to a rescission of the lease. Both parties have appealed. For the reasons explained below, we affirm the district court’s ruling that the landlord breached the lease but that the breach was not a material breach. We also…