Luminous Neon, Inc. v. Parscale

Brazil, J.:

Rita M. Parscale and Rawhide Enterprises of Kansas, Inc., (Parscale) appeal from the district court’s grant of summary judgment in favor of Luminous Neon, Inc. Luminous Neon filed suit against Parscale, seeking liquidated damages in accordance with a lease between the parties. On appeal, Parscale contends that the liquidated damages clause constitutes a penalty and is consequently unenforceable, the doctrine of impracticability should release her from the lease, and Luminous Neon has been unjustly enriched by the court’s ruling. We affirm.

The facts are not largely in dispute.…