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HANNA LP v. WINDMILL INNS OF AMERICA, INC.

03CV3903CC; A128969.

194 P.3d 874 (2008)

223 Or. App. 151

HANNA LIMITED PARTNERSHIP, an Oregon limited partnership, Plaintiff-Respondent, v. WINDMILL INNS OF AMERICA, INC., an Oregon corporation, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 15, 2008.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellant. With him on the briefs were Stoel Rives LLP and P. David Ingalls and Hornecker Cowling Hassen & Heysell LLP.

Lisa E. Lear, Portland, argued the cause for respondent. With her on the brief were Stephen B. Hill, Renee E. Rothauge, Stephen F. Deatherage and Bullivant Houser Bailey PC. With her on the reply brief were Stephen B. Hill and Bullivant Houser Bailey PC.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

ORTEGA, J.

This declaratory judgment action involves interpretation of a long-term lease between a landlord, plaintiff Hanna Limited Partnership (Hanna), and a tenant, defendant Windmill Inns of America, Inc. (Windmill). The primary dispute concerns the meaning of provisions specifying methods of calculating rent for five-year lease terms. The trial court ruled that the lease unambiguously requires that rent be stated as a fixed amount at the beginning of each term...

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