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K'S MERCHANDISE MART v. NORTHGATE LTD.

No. 4-04-1034.

835 N.E.2d 965 (2005)

359 Ill. App.3d 1137

296 Ill.Dec. 612

K'S MERCHANDISE MART, INC., an Illinois Corporation, Plaintiff-Appellee and Cross-Appellant, v. NORTHGATE LIMITED PARTNERSHIP, an Illinois Limited Partnership, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, Fourth District.

Decided September 26, 2005.

Attorney(s) appearing for the Case

Edward F. Flynn (argued), Erick F. Hubbard, Winters Featherstun Gaumer Postlewait Stocks Flynn, Decatur, for Northgate Limited Partnership.

Bridget C. Hogan (argued), John E. Sanner, Samuels, Miller, Schroeder, Jackson & Sly, LLP, Decatur, for K's Merchandise Mart, Inc.

Brian D. Huben, Katten Muchin Zavis Rosenman, Chicago, for Amicus Curiae International Council of Shopping Centers.

Presiding Justice COOK delivered the opinion of the court:

In connection with the sale of a shopping center, the anchor tenant executed an estoppel certificate certifying that the landlord had performed all its obligations and was not in default. A question later arose whether the tenant's obligation to pay maintenance expenses included an obligation to pay a management fee based on a percentage of the shopping center's gross revenue from all tenants. The trial

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