Downtown Development v. K-Mart Corporation ( 1998 )

[NOT FOR PUBLICATION] United States Court of Appeals For the First Circuit No. 97-2316 DOWNTOWN DEVELOPMENT, CORP., Plaintiff - Appellant, v. K-MART CORPORATION, Defendant - Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Carmen Consuelo Cerezo, U.S. District Judge] Before Torruella, Chief Judge, Selya and Stahl, Circuit Judges. Johanna Emmanuelli Huertas, with whom Pedro E. Ortiz Alvarez and The Law Offices of Pedro E. Ortiz Alvarez were on brief for appellant. Jon R. Steiger, with whom Patrick M. McCarthy, Howard & Howard, Steven C. Lausell, James W. McCartney and Jim nez, Graffam & Lausell were on brief for appellee. February 26, 1998 Per Curiam. On March 27, 1996, Downtown Development Per Curiam. Corporation ("Downtown") filed this action to recover damages arising from K-Mart Corporation's ("K-Mart's") alleged illegal occupancy of Downtown's property in Ponce, Puerto Rico. Downtown appeals the district court's decision to grant summary judgment in favor of K-Mart Corporation ("K-Mart"). We affirm on the grounds stated in the district court's opinion and order. See Downtown Dev. Corp. v. K-Mart Corp., Civ. 96-1497CCC (D.P.R. September 25, 1997). We find clause 27 of the lease at issue dispositive. As the district court noted, that provision grants K-Mart the option to remain as a month-to-month tenant after the expiration of the lease until it is forced out by the courts. In the instant case, K-Mart simply exercised this option. Costs to be assessed against appellant. Affirmed. Affirmed -2-