Sunday, November 24, 2013

Helzberg's Diamond Shops, Inc. v. Valley West Des Moines Shopping Center, Inc. case brief

Helzberg's Diamond Shops, Inc. v. Valley West Des Moines Shopping Center, Inc. case brief summary
564 F.2d 816 (8th Cir. 1977)


CASE SYNOPSIS
Defendant lessor, who operated a shopping mall, sought review of an order from the United States District Court for the Western District of Missouri, which granted a preliminary injunction requiring it not to lease any other spaces to full line jewelry stores in the mall, as required by the lease with plaintiff lessee. The lessor also sought review of an order denying its motion to dismiss for failure to join the tenant affected by the decision.

CASE FACTS
The lessee, a tenant at a shopping mall, had a provision in its lease allowing it to be the only full line jewelry store at the mall. After the lessor entered into a subsequent lease with a full line jewelry store, the lessee brought an action to enforce the lease provision. The trial court granted a preliminary injunction requiring the lessor to abide by the lease provision, after denying the lessor's motion to dismiss for failure to join the affected tenant as a necessary party.

DISCUSSION
On appeal, the court affirmed the judgment, holding that the other tenant was not a necessary party to the action because complete relief could be afforded without the presence of the other tenant.

CONCLUSION
The court affirmed the judgment granting a preliminary injunction to the lessee and denying the lessor's motion to dismiss for failure to join another shopping mall tenant.

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