This is the second time this case comes to us. We held that summary judgment was inappropriate as material facts were still in dispute. 80-I, Ltd. v. PDQ Food Stores, Inc. , No. 95-3507, unpublished slip op. The trial court found that the potholes did constitute a breach of the lease, but that the construction on the outlots had not reduced the parking area in violation of the lease.
Decade appeals the first result.
The relevant facts are as follows. On November 23, Decade responded to PDQ in a letter stating that it would repair the potholes when construction of a nearby McDonald's was complete. PDQ moved out later that month. We first document the language from the relevant portions of the lease. It is important to underscore the language used by the parties here.