· 3/13/1980
Iglehart v. Phillips
Citations
- 383 So. 2d 610
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the rule's \purpose is to ensure that property is reasonably available for development by prohibiting restraints that remove property from a beneficial use for an extended period of time\
- noting also that “[i]t is generally agreed that an option restraint is reasonable if the option price is 6 at market or appraised value, irrespective of the duration of the option”
- \[T]he law is clear that a repurchase option at market or appraised value for unlimited duration is not an unreasonable restraint.\
- “option restraint is reasonable if the option price is at market or appraised value, irrespective of the duration of the option”
- “The validity or invalidity of a restraint depends upon its long-term effect on the improvement and marketability of the property. Once that effect is determined, common sense should dictate whether it is reasonable or unreasonable.”
- fixed price preemptive rights found invalid using Restatement analysis
Source: CourtListener parenthetical corpus (CC0).
Judges: Overton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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