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NORVILLE v. CARR-GOTTSTEIN FOODS CO.

Nos. S-10643, S-10684.

84 P.3d 996 (2004)

Allan J. NORVILLE and Kenai Plaza/Carr's-Safeway, L.L.C., Appellants/Cross-Appellees, v. CARR-GOTTSTEIN FOODS CO., Appellee/Cross-Appellant.

Supreme Court of Alaska.

February 6, 2004.

Attorney(s) appearing for the Case

Gregory A. Miller, Peter C. Nosek, Birch, Horton, Bittner, & Cherot, Anchorage, for Appellants/Cross-Appellees.

William J. Evans, H. Ryan Fortson, Dorsey & Whitney LLP, Anchorage, for Appellee/Cross-Appellant.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

MATTHEWS, Justice.

INTRODUCTION

The question presented is whether a landlord's refusal to consent to a sublease was unreasonable. The superior court granted summary judgment in favor of the tenant on this issue. We conclude that this was error because there were genuine issues of material fact and the tenant was not entitled to judgment as a matter of law.

FACTS AND PROCEEDINGS

Allan Norville owns a shopping center...

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