Colonial Tri-City Ltd. Partnership v. Ben Franklin Stores, Inc.

How courts have described this case

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

• whether the parties have a landlord-tenant relationship cannot be properly determined in a summary proceeding
• “[C]laims and counterclaims for damages for breach of a lease . . . are not issues to be determined in a forcible entry and detainer action. . . . Those issues are properly resolved in a general civil action.”
• “The issue in a [forcible detainer] proceeding . . . is not whether the parties have created a landlord and tenant relationship but whether an already existing lease should be terminated and possession awarded to the landlord because of the tenant’s breach of lease or nonpayment of rent.”
• plaintiff must show existence of a lease

Source: CourtListener parenthetical corpus (CC0).