GAP, INC. v. GK DEVELOPMENT, INC.

No. 16-1223.

843 F.3d 744 (2016)

The GAP, INC., Plaintiff-Appellee v. GK DEVELOPMENT, INC.; Columbia Grand Forks, LLC, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: December 8, 2016.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Robin Wade Forward, of Bismarck, ND. In addition to Mr. Forward, the following attorney(s) appeared on the appellants' brief; Marc D. Simpson and Calvin P. Hoffman both of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was Shanon M. Gregor, of Fargo, ND. The following attorney(s) appeared on the appellee brief; Shanon M. Gregor , of Fargo, ND.

Before RILEY, Chief Judge, WOLLMAN, and BENTON, Circuit Judges.


This case addresses the meaning of a lease for a Gap store at Columbia Mall in Grand Forks, North Dakota. The Gap, Inc., says the lease does not require it to pay for heating, ventilation, and air conditioning (HVAC) expenses and a share of mall operation costs. The mall's management company, GK Development, Inc., and owner...

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