BEST BUY STORES v. BENDERSON-WAINBERG ASSOCIATES

Nos. 10-3625, 10-3627.

668 F.3d 1019 (2012)

BEST BUY STORES, L.P., Plaintiff-Appellee, v. BENDERSON-WAINBERG ASSOCIATES, L.P.; DDR Flatiron LLC; DDR Hendon Nassau Park II, LP; DDR MDT Cool Springs Point LLC; DDR MDT Great Northern, LLC; DDR MDT Lakepointe Crossing, LP; DDR MDT Riverdale Village Outer Ring, LLC; DDR MDT Shoppers World LLC; DDRA Ahwatukee Foothills, LLC; DDRC PDK Salisbury LLC; DDR MDT Fayetteville Spring Creek, LLC; DDR MDT Turner Hill Marketplace, LLC; JDN Realty Corporation; BG Boulevard III, LLC, a Delaware Limited Liability Corporation, Defendants-Appellants, Developers Diversified Realty Corporation; JDN Development Company, Inc.; John Doe, # 1, Defendants. Best Buy Stores, L.P., Plaintiff-Appellant, v. Developers Diversified Realty Corporation; Benderson-Wainberg Associates, L.P.; DDR Flatiron LLC; DDR Hendon Nassau Park II, LP; DDR MDT Cool Springs Point LLC; DDR MDT Great Northern, LLC; DDR MDT Lakepointe Crossing, LP; DDR MDT Riverdale Village Outer Ring, LLC; DDR MDT Shoppers World LLC; DDRA Ahwatukee Foothills, LLC; DDRC PDK Salisbury LLC; DDR MDT Fayetteville Spring Creek, LLC; DDR MDT Turner Hill Marketplace, LLC; JDN Realty Corporation; BG Boulevard III, LLC, a Delaware Limited Liability Corporation, Defendants-Appellees, JDN Development Company, Inc.; John Doe, # 1, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: February 21, 2012.


Attorney(s) appearing for the Case

Steven S. Kaufman , argued, Cleveland, OH, Jennifer A. Lesny Fleming , Cleveland, OH, Aaron D. Van Oort , and Martin S. Chester , Minneapolis, MN, on the brief, for appellants/cross-appellees.

Joel A. Mintzer , argued, Minneapolis, MN, Robert A. Machson , Weston CT, and Andrea Kloehn Naef , Minneapolis, MN, on the brief, for appellee/cross-appellant.

Before MURPHY, BYE, and SMITH, Circuit Judges.


SMITH, Circuit Judge.

Best Buy Stores, L.P. ("Best Buy") sued various commercial landlords1 (collectively, "Landlords") and the Landlords' property manager, Developers Diversified Realty Corporation (DDRC), alleging that DDRC impermissibly charged Best Buy for insurance-related costs under various lease agreements. The Landlords argued that the leases did permit these charges and asserted various...

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