Tri-City Assocs., LP v. Belmont, Inc.

Belmont, Inc., a meat and produce business, leased unfinished commercial real estate space from Tri-City Associates, LP, the owner and developer of a shopping center. The parties later filed claims against each other for breach of the lease. After a court trial, the circuit court entered judgment in favor of Belmont on all claims, concluding that Tri-City materially breached the lease by failing to deliver the space in “broom clean” condition and failing to complete its allocated portion of the initiated construction, and that these failures excused Belmont from performance. Tri-City appealed, arguing, among other things, that it was excused by Belmont’s failure to give notice of the breach and an opportunity to cure under a notice-and-cure provision in the lease. The Supreme Court reversed, holding that conflicting authority and the circuit court’s failure to address the notice-and-cure provision prevented effective appellate review. Remanded to the circuit court to enter findings of fact and conclusions of law on the effect of Belmont’s failure to give notice of breach and an opportunity to cure. View "Tri-City Assocs., LP v. Belmont, Inc." on Justia Law