GBJ, Inc. v. First Avenue Investment Corp.

OPINION

KALITOWSKI, Judge.

Respondent Americana Bank foreclosed on a mortgage on certain real and personal property (the property) that appellant GBJ, Inc., II (GBJ) was leasing. On appeal from summary judgment, GBJ contends the district court erred in: (1) concluding that Americana did not breach the covenant of quiet enjoyment contained in the lease; (2) concluding that Americana is not estopped from terminating the lease; and (3) dismissing the lis pendens that had been filed on the property.

FACTS

On October 13, 1988, First Avenue Investment Corporation (First Avenue) borrowed $450,000 from…