VND, LLC v. LEEVERS FOODS, INC.

No. 20030091.

672 N.W.2d 445 (2003)

2003 ND 198

VND, LLC, a North, Dakota Limited Liability Company, Plaintiff and Appellant, v. LEEVERS FOODS, INC. d/b/a Leevers County Market, a North Dakota Business Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied January 14, 2004.


Attorney(s) appearing for the Case

Mark G. Schneider, Schneider, Schneider & Phillips, Fargo, for plaintiff and appellant.

Daniel M. Traynor (argued) and Thomas E. Rutten (appeared), Traynor, Rutten & Traynor, P.C., Devils Lake, for defendant and appellee.


SANDSTROM, Justice.

[¶ 1] VND is appealing a Southeast Judicial District Court judgment denying summary eviction of Leevers Foods, Inc., under N.D.C.C. ch. 33-06. After a hearing on the motion for eviction, the district court found there had been no material breach of the written lease by Leevers, as required by N.D.C.C. § 33-06-01(8), found Leevers was entitled to equitable relief from the termination of the lease because of its substantial investment in...

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