USPG Portfolio Six, L.L.C. v. Dick's Sporting Goods, Inc.

Citations

• 209 N.E.3d 263
• 2023 Ohio 550

Syllabus

The trial court erred in granting summary judgment in lessor-appellee's favor because there were genuine issues of material fact concerning whether equitable estoppel and waiver applied to the lessor's conduct. Other issues as to interpretation of the lease agreement were not raised in the trial court, and consideration of these issues under the plain error doctrine is unnecessary because the summary judgment is being reversed. Judgment reversed and remanded.