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MAGNA INV. & DEVEL. CORP. v. BROOKS FASH. STORES, INC.

No. 2 CA-CIV 4664.

137 Ariz. 247 (1983)

669 P.2d 1024

MAGNA INVESTMENT & DEVELOPMENT CORPORATION, a Utah corporation, Joseph K. Kivel and Esther Kivel, husband and wife, A. Victor Kivel and Betty Jean Kivel, husband and wife, Daniel Kivel, an unmarried man, Beverly Kivel, an unmarried woman, and Alvin and Janice Kivel, husband and wife, Plaintiffs/Appellants/Cross Appellees, v. BROOKS FASHION STORES, INC., a New York corporation, Defendant/Appellee/Cross Appellant.

Court of Appeals of Arizona, Division 2.

June 29, 1983.

Attorney(s) appearing for the Case

Holesapple, Conner & Johnson by James F. Bly, Tucson, for plaintiffs/appellants/cross appellees.

Murphy & Posner by K. Bellamy Brown and Thomas A. Curran, Phoenix, for defendant/appellee/cross appellant.

OPINION

HOWARD, Chief Judge.

This is a forcible entry and detainer action which poses these questions: (1) Did appellee, assignee of a lease, have the right to raise, as a defense, the landlord's unreasonable withholding of consent to the assignment? (2) Was the consent unreasonably withheld? (3) Did the trial court err in refusing to grant attorney's fees to appellee pursuant to the provisions of the lease?

Appellants own the El Con Shopping Center...

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