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Justia Daily Opinion Summaries

Alaska Supreme Court
March 9, 2021

Table of Contents

Kimp v. Fire Lake Plaza II, LLC

Business Law, Civil Procedure, Landlord - Tenant

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Alaska Supreme Court Opinions

Kimp v. Fire Lake Plaza II, LLC

Docket: S-17298

Opinion Date: March 5, 2021

Judge: Craig F. Stowers

Areas of Law: Business Law, Civil Procedure, Landlord - Tenant

A business owner formed a brewing company with plans to open a brewpub. He signed a lease that provided rent-free access to a commercial unit for a period of time to allow him to prepare the rental space prior to opening for business. But the brewing company encountered numerous delays during construction and did not open for business as planned. It also did not pay rent once the rent-free period ended. After the property owner received no rent for several months, it entered the property and changed the locks. The business owner then sued, claiming the property owner breached the lease, tortiously interfered with a business relationship, and breached the implied covenant of good faith and fair dealing. The property owner counterclaimed that the brewing company breached the lease. On cross-motions for summary judgment, the superior court dismissed all claims against the property owner and ruled in the property owner’s favor on its counterclaim. The court also denied the business owner’s request to compel discovery and awarded the property owner over $200,000 in damages. The business owner appealed the superior court’s grants of summary judgment, its denial of his motion to compel discovery, and its award of damages. Finding no reversible error, the Alaska Supreme Court affirmed.

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