Tenant Entitled to Yellowstone Injunction

January 29, 2015
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Facts: The owner of space rented as a liquor store sent the tenant a notice of default of the lease’s Alcoholic Beverage Control Laws (ABC Laws) compliance provisions. The tenant asserted that it had not breached the lease. The tenant claimed that the notice was “pretextual”; the tenant’s rent was below fair market value, and the owner wanted to evict it so it could find a replacement tenant to pay rent reflecting the neighborhood’s increasing property values.

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