DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
071663P.pdf 09/03/2008 STL 300 N.4th v. Value St. Louis Associates
U.S. Court of Appeals Case No: 07-1663
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Shepherd, Author, with Colloton, Circuit Judge, and
Erickson, District Judge]
Civil case - contracts. District court did not in determining that the
parties to the lease in question intended the phrase "demised premises"
to mean the vacant and unimproved land itself, without taking into
consideration the tenant's lease interest; as a result, demised premises
means a hypothetical fee simple interest in the land, or the value of the
land without consideration of the effect of the ground lease; however, the
court erred in interpreting the lease's provision for appointment of a
third appraiser to mean that the third appraiser was to serve as a
tiebreaker or as a binding appraisal; case remanded for further
proceedings.