Wednesday, November 24, 2010
Supreme Court Of Appeals Overturns Ruling
WEST VIRGINIA....
The state Supreme Court of Appeals has overturned a lower court’s decision in a decade-old contractual dispute involving the St. James Building in downtown Huntington. The City National Bank decided to vacate the building in late 2000, but the landlord argues the bank breached its lease by leaving the St. James without forcing a subleasing law firm to exit as well. In March 2009, Cabell Circuit Judge Jane Hustead granted a summary judgment order dismissing the case, while citing the lease termination agreement was ambiguous and it would have been legally impossible for the bank to require the law firm to leave. In its unanimous decision filed Tuesday, the Supreme Court disagreed, ruling that such a dismissal only should be granted when it is clear there is no genuine issue for trial. It also stated issues of fact typically arise in times of an ambiguous contract and such a dismissal is ordinarily not proper.
The state Supreme Court of Appeals has overturned a lower court’s decision in a decade-old contractual dispute involving the St. James Building in downtown Huntington. The City National Bank decided to vacate the building in late 2000, but the landlord argues the bank breached its lease by leaving the St. James without forcing a subleasing law firm to exit as well. In March 2009, Cabell Circuit Judge Jane Hustead granted a summary judgment order dismissing the case, while citing the lease termination agreement was ambiguous and it would have been legally impossible for the bank to require the law firm to leave. In its unanimous decision filed Tuesday, the Supreme Court disagreed, ruling that such a dismissal only should be granted when it is clear there is no genuine issue for trial. It also stated issues of fact typically arise in times of an ambiguous contract and such a dismissal is ordinarily not proper.
# posted by Homer Owens @ 10:48 PM 
