(DOWNLOAD) "Colonial Tri-City Limited Partnership V. Ben Franklin Stores Inc." by Arizona Court of Appeals ~ eBook PDF Kindle ePub Free

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eBook details

Title: Colonial Tri-City Limited Partnership V. Ben Franklin Stores Inc.
Author : Arizona Court of Appeals
Release Date : January 16, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 77 KB

Description

This case requires us to decide whether a plaintiff may use the summary proceeding for recovery of possession of leased premises, Ariz. Rev. Stat. Ann. ("A.R.S.") section 33-361 (1990), to litigate whether, in the first instance, the parties have created a landlord and tenant relationship. We hold that plaintiff was not entitled to use the section 33-361 summary proceedings to establish that defendant exercised its option to reassume a lease previously assigned to defendant's franchisee. Consequently, because defendant established that plaintiff and defendant did not have an existing landlord and tenant relationship when the section 33-361 action was filed, the trial court erred by not dismissing the action. Because our decision disposes of this appeal, we do not address defendant's remaining arguments.