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Stick to the 'Plain Meaning'

By Janice G. Inman
June 02, 2017

The complications that can and do arise in the field of commercial leasing come in all shapes and sizes, and not all can be anticipated. The best-written lease can fall short when an unusual situation arises. However, with careful planning, and if the stars align, lease terms sometimes cover even an abnormal future event, preserving the agreement that the parties undoubtedly contemplated at signing. Such was the case in Wilmington Trust Co. v. AEP Generating Co., 2017 U.S. App. LEXIS 6426, *; 2017 FED App. 0084P (6th Cir. 4/14/17), in which the U.S. Court of Appeals for the Sixth Circuit reversed a lower court ruling to prevent the lessee from passing off unanticipated expenses to the owners.

Sale and Leaseback Agreements

The story began in the 1980s when Affiliates American Electric Power and Indiana Michigan Power Company (collectively, AEP or defendants) built two efficient and low-cost coal-burning power plants in Rockport, IN, known as “Rockport 1″ and “Rockport 2.”

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