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VEREIT REAL ESTATE, LP v. FITNESS INT'L

No. 1 CA-CV 22-0402.

529 P.3d 83 (2023)

VEREIT REAL ESTATE, LP, et al., Plaintiffs/Appellees, v. FITNESS INTERNATIONAL, LLC, Defendant/Appellant.

Court of Appeals of Arizona, Division 1.

Filed April 11, 2023.

Attorney(s) appearing for the Case

Titus Brueckner Spitler & Shelts PLC, Scottsdale, By Bradley S. Shelts , Casey O. Miller , Co-Counsel for Defendant/Appellant.

Klehr Harrison Harvey Branzburg LLP, Philadelphia, Pennsylvania, By A. Grant Phelan , Co-Counsel for Defendant/Appellant.

Ballard Spahr LLP, Phoenix, By Craig Solomon Ganz , Katherine E. Anderson Sanchez , Mitchell Turbenson , Counsel for Plaintiffs/Appellees.

Presiding Judge Samuel A. Thumma delivered the opinion of the Court, in which Judge Cynthia J. Bailey and Vice Chief Judge David B. Gass joined.

OPINION

¶1 This appeal addresses whether defendant Fitness International, LLC (Tenant) is excused from making rent and other payments to its landlords under long-term commercial leases when the State of Arizona restricted use of the properties because of the COVID-19 pandemic...

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