City of Kenai v. Ferguson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the correct standard for determining an appropriate renewed rental rate for property leased for construction of a gas station was \the fair market value of equivalently used property\ rather than the \highest and best use criterion\
• holding contract enforceable although parties could not reach agreement on amount of future payments, where rent was subject to renegotiation every five years, but fifty-five-year term of the lease was “the essence of the contract”
• affirming decision granting summary judgment in which superior court concluded contract was enforceable and “a fair rental value should be implied” as term of lease that specified rent was “subject to re-negotiation”
• “ ‘[T]he courts will declare the terms upon which the parties fail to agree.’ ”
• lease which called for rent to be renegotiated every five years was enforceable as court could declare the missing rental term in order to effect the reasonable expectation of the parties
• lease which called for rent to be renegotiated every five years was enforceable as court could declare the missing rental term in order to effect the reasonable expectation of the parties

Source: CourtListener parenthetical corpus (CC0).