CAVALIER SQUARE v. ALCOHOLIC BEV. CONTROL

Record No. 921698.

435 S.E.2d 392 (1993)

CAVALIER SQUARE LIMITED PARTNERSHIP v. VIRGINIA ALCOHOLIC BEVERAGE CONTROL BOARD, Department of Alcoholic Beverage Control, Commonwealth of Virginia, et al.

Supreme Court of Virginia.

September 17, 1993.


Attorney(s) appearing for the Case

Charles L. Williams, Richmond (Perkins Wilson, Thompson & McMullan, on briefs), for appellant.

John N. McCarthy, Sr. Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellees.

International Council of Shopping Centers, New York City (Edward C. Maeder, Washington, DC, Edward J. Sack, New York City, Winston & Strawn, Washington, DC, on brief), amicus curiae for Shopping Center.

Present: All the Justices.


STEPHENSON, Justice.

In this appeal, we determine whether the trial court erred in holding that a lessee was not liable for payment of rent on the ground that the lessor had constructively evicted the lessee from the demised premises.

Cavalier Square Limited Partnership (Plaintiff/Lessor) sued Virginia Alcoholic Beverage Control Board, Department of Alcoholic Beverage Control, Commonwealth of Virginia (the Board), and Edward J. Mazur, Comptroller, Commonwealth...

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