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Marina Food Associates, Inc. v. Marina Restaurant, Inc.

North Carolina Court of Appeals
394 S.E.2d 824 (1990)

Written by Salina Kennedy, JD

Facts

Marina Food Associates, Inc. (Marina Food) (plaintiff) operated a restaurant in a building leased from Marina Restaurant, Inc. (defendant). Marina Restaurant failed to properly maintain the building, causing Marina Food to close its restaurant and causing the county to deny Marina Food a license to reopen. Marina Food sued for constructive eviction. The jury found Marina Restaurant liable for constructive eviction and awarded the tenant damages. Marina Restaurant appealed.

Rule of Law

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Issue

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Holding and Reasoning (Wells, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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