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LAGOON PARTNERS v. SILVER CINEMAS

A23-0194.

999 N.W.2d 113 (2023)

LAGOON PARTNERS, LLC, a Minnesota limited liability company, Respondent, v. SILVER CINEMAS ACQUISITION CO., a Delaware corporation, d/b/a Landmark Theatres, Appellant.

Court of Appeals of Minnesota.

Filed December 11, 2023.

Attorney(s) appearing for the Case

Blake R. Nelson , Brian N. Niemczyk , Ryan M. Theis , J. Robert Keena , Hellmuth & Johnson, Edina, Minnesota (for respondent).

Erik F. Hansen , Elizabeth M. Cadem , Kirk A. Tisher , Burns & Hansen, P.A., Minneapolis, Minnesota (for appellant).

Considered and decided by Cochran, Presiding Judge; Johnson, Judge; and Klaphake, Judge.

OPINION

This appeal presents a question as to whether a liquidated-damages clause in a commercial lease agreement is enforceable. We conclude that the liquidated-damages clause in the parties' lease agreement is unenforceable because actual damages caused by the tenant's breach are capable of accurate estimation and because...

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