Stiles Family Ltd. Partnership Iii, Llp v. Riggs & Stiles Inc.

2016 WL 6819788 (2016)

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Nature of the Case

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Facts

The parties, in this case, are wholly comprised of parents and siblings of the Stiles family. P owns a 169-acre parcel of land and the parties entered into a 'Farm Lease' with Ds. Ds are the tenants and the lease limits the use of the property to agricultural purposes. Ds were in discussion with a music concert promoter to hold a concert on the land. The promoter applied to the Zoning Board for approval. The application was withdrawn when Ps learned of the plan and opposed it. Shortly thereafter, P attempted to terminate the Farm Lease, citing the following three provisions therein: 'The Tenant shall be leasing the Premises for the purpose of planting, maintaining, and cultivating farm crops and/or other vegetation thereon, and the use of the Premises for any other purpose without Landlord's written approval shall be a breach by Tenant of the terms of this lease. Tenant will not use or permit said Premises, or any part thereof, to be used for a disorderly or unlawful purpose. At the termination of the Term, the Tenant agrees to surrender the Premises in as good a condition at the time of occupancy by Tenant. No act or thing done by the Landlord, or any of its agents, during the Term shall be deemed an acceptance by the Landlord of surrender by the Tenant of the Premises, and no agreement to accept surrender shall be valid unless in writing, signed by the Landlord. The Tenant shall not assign or transfer either the benefits of or burdens under this Lease or encumber the same, nor sublet or permit the Premises or any part thereof to be used by others, without the prior consent of the Landlord, which consent may be denied or withheld for any reason.' P sued D seeking a declaratory judgment that Ds breached the Farm Lease and that the lease was terminated. Ds filed a motion for summary judgment. The court stated that the plain language of the Farm Lease was clear that the 'use' of the property for some act other than agricultural use is required to constitute a breach. But that use never occurred. The event never made it past the early stages of consideration. The Lease was not breached. P appealed from a grant of summary judgment to Ds.