Owner Not Entitled to Daily Charge After Permanent Store Closure

March 6, 2012
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Facts: A supermarket tenant closed its store before the end of its 20-year lease for shopping center space. The center's owner sued the tenant, asking the court for: an injunction (that is, an order to a party to do or refrain from doing something) to force the tenant to continue operating; a declaration that the tenant was required to keep its store open and fully staffed; and money damages. A federal court denied the owner's requests. The tenant closed, but continued to pay the rent due under its lease.

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