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Newman v. Hinky Dinky Omaha-Lincoln, Inc.

Supreme Court of Nebraska
427 N.W.2d 50 (1988)


Newman (plaintiff) leased property to American Community Stores Corporation (ACS). The property was used to operate a Hinky Dinky Omaha-Lincoln (Hinky) (defendant) supermarket. The lease prohibited ACS from assigning or subletting the lease without Newman’s consent. ACS sought to assign the lease to a third party who would then sublease it back to Hinky. ACS entered negotiations with Newman to obtain his approval, but those negotiations were unsuccessful. Nevertheless, ACS proceeded with the assignment and sublease. Newman then filed a petition for restitution of the property. The trial court granted summary judgment for Newman because it reasoned that a landlord could refuse consent for any reason. Hinky appealed, arguing that even though Newman’s consent was required, Newman was not entitled to withhold consent unreasonably.

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