[DOWNLOAD] "Metropolitan Airports Commission v. Noble" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Metropolitan Airports Commission v. Noble
- Author : Supreme Court of Montana
- Release Date : January 09, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Thomas Noble owned and leased real property to Speedway SuperAmerica LLC (SuperAmerica) for 12 years, until the property was condemned. The lease between Noble and SuperAmerica contained a condemnation clause that terminated the lease upon condemnation. A "damages" clause gave Noble all rights to a condemnation award, with separate language that Noble "shall not be entitled to any award made to [lessee] for the fair value of, and cost of removal of stock and fixtures, provided a separate award is permitted by the taking authority directly to [lessee]." The district court found that this separate language entitled SuperAmerica to the "Immovable Fixtures" portion of the condemnation award; but the court of appeals reversed and awarded the fixtures portion to Noble, concluding that the condemnation clause ended SuperAmericas rights in the property and condemnation award. We affirm the court of appeals decision to grant the fixtures award to Noble, but on alternate grounds.