Petula Associates, Ltd. v. Dolco Packaging Corp.

How courts have described this case

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

• holding that appraisers are to take into account the positive or negative impact of the existing lease held by the optionee tenant in determining such value unless the language of the lease expressly precludes such consideration
• noting that in the Arizona case, the effect of including the value of the lease was to decrease the fair market value, whereas in the Texas case, because ofthe graduated rent schedule, the effect ofincluding the lease is to increase the fair market value
• noting that in an Arizona case, the effect of including the value of the lease was to decrease the fair market value, whereas in the Texas case, because of the graduated rent schedule, the effect of including the lease is to increase the fair market value
• noting that in an Arizona case, the effect of including the value of the lease was to decrease the fair market value, whereas in the Texas case, because of the graduated rent schedule, the effect of including the lease is to increase the fair market value
• noting that in the Arizona case, the effect of including the value of the lease was to decrease the fair market value, whereas in the Texas case, because of the graduated rent schedule, the effect of including the lease is to increase the fair market value
• “If Texas’s definition of ‘fair market value’ is applied, the value of the lease should be considered.”

Source: CourtListener parenthetical corpus (CC0).