Heartland DE Inc. v. Rehoboth Mall Ltd P’ship

WenDover, is a Delaware corporation that operates a Wendy franchise in Rehoboth Beach. Defendant RMLP owns the Rehoboth Mall Shopping Center, where the restaurant is located. Heartland leased land from the RMLP and then subleased the land to WenDover. In 2006, the parties disagreed whether Heartland had properly exercised the lease’s second renewal term. To resolve that dispute, Heartland agreed to pay the third renewal term’s rental rate during the second renewal term, and RMLP forgave any noncompliance with the renewal provisions of the lease. RMLP contends that Heartland did not provide notice and exercise the option for the third term, informed Heartland that Heartland was occupying the leasehold under an at-will tenancy and demanded that Heartland vacate. Heartland sought to enjoin RMLP from seeking eviction from the Justice of the Peace Court. The chancellor determined that the court lacked jurisdiction over what “is essentially a real estate possession action,” over which the legislature has vested exclusive jurisdiction over such matters with the Justice of the Peace Courts.View "Heartland DE Inc. v. Rehoboth Mall Ltd P'ship" on Justia Law