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CROSSROADS PLAZA, LLC. v. OREN

98CV0445ST; A108483

31 P.3d 508 (2001)

176 Or. App. 306

CROSSROADS PLAZA, LLC., Appellant, v. Izzy OREN, and Roman Lozovsky, dba Grandma's Bagels and Deli, Respondents.

Court of Appeals of Oregon.

Decided August 29, 2001.

Attorney(s) appearing for the Case

Martin E. Hansen, Bend, argued the cause for appellant. With him on the briefs were William F. Buchanan, and Karnopp, Petersen, Noteboom, Hansen, Arnett & Sayeg, LLP.

Gerald A. Martin, Bend, argued the cause for respondents. With him on the brief was Francis & Martin.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

ARMSTRONG, J.

Plaintiff is the developer of Crossroads Plaza, a shopping center in Bend, Oregon. It appeals from a judgment in favor of defendants, lessees of the center, in an action for breach of the parties' lease. The trial court held that the lease permitted defendants to cancel it when the shopping center failed to reach 40 percent occupancy for 90 consecutive days after its opening. We affirm.

The facts are not in dispute. Before Crossroads Plaza opened...

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