Plaza 75 Shopping Center, LLC v. Big Lots Stores Incorporated

MEMORANDUM

Plaza 75 Shopping Center, LLC (“Plaza 75”) appeals the district court’s entry of summary judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Section 3.C (the “kickout” provision) of the lease agreement states:

By subsequent letter agreement, the parties agreed that the kickout notification must be given between June 1, 2008 and October 28, 2008.

Neither party disputes that Big Lots Stores Incorporated’s (“Big Lots”) fifth year gross sales were below $3,500,000. Neither party disputes that Big Lots provided written notice to terminate the lease before October 28, 2008. The parties only dispute whether the language “no less than one hundred twenty (120) and no more than two hundred seventy (270) days’ written notice of termination” required Big Lots to provide Plaza 75 a specific date when the lease would terminate within that same time period. Notably, Plaza 75 and Big Lots argue that the language of the kickout provision is clear and unambiguous; thus, we interpret that language as a question of law. See Phillips v. Flowing Wells Unified Sch. Dist. No. 8 of Pima Cnty., 137 Ariz. 192 , 669 P.2d 969, 971 (1983).

“[A] lease contract is effective and…