00-0248 Business Park Development Co. LLC v. Molecular Biology Resources Inc.

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Molecular Biology Resources Inc. appeals from a judgment of eviction resulting in a writ of restitution in favor of Business Park Development Co. LLC. The judgment also ordered Molecular Biology to refrain from removing any “improvements” it had made to the property. Molecular Biology asserts that: (1) the lease it entered with Business Park was invalid because it did not contain all required terms; (2) the trial court improperly concluded that the lease contained an option to renew and not an option to extend; (3) Business Park breached its covenant of good faith and fair dealing in the way that it handled charges for utilities and real estate taxes; and (4) the trial court improperly awarded all fixtures and improvements on the property to Business Park.

With regard to the first three issues, we affirm the decision of the trial court. However, because the record fails to reflect a specific determination as to what constitutes an “improvement” or an “alteration” to the property, we reverse and remand this issue with directions to determine which items are alterations and improvements to the property.

We therefore affirm in part, and reverse in part.

Not recommended for publication in the official reports.

Dist IV, Dane County, Gartzke, J., Dykman, J.

Attorneys:

For Appellant: Carl A. Sinderbrand, Madison

For Respondent: Robert E. Shumaker, Madison