• Home
    • About
      • D. Rob Burris
      • Richard D. Burris, Of Counsel
      • Monica Derrick, Of Counsel
      • Jeremy T. Shorbe
    • Practice Areas
      • Civil Litigation
      • International Business
      • Estate Planning
      • Business & Real Estate Transactional Law
      • Automotive Warranty & Product Liability
    • Contact Us
520-775-2000
Burris & MacOmber, PLLC > Articles > Property Law > Period of Limitations to Declare Easement Different If Out of Possession

- Period of Limitations to Declare Easement Different If Out of Possession -

In Next Gen Capital v. Consumer Lending Associates, payday lender Consumer Lending Associates, “CLA” was sued by its landlord, Next Gen Capital over unpaid rent.  Once the payday lending statutes expired in 2010, CLA vacated its offices, declaring that its lease had expired by “operation of law”.  The landlord sued and won and CLA appealed.  CLA argued that its apparent breach of the lease was excused by the doctrine of ‘frustration of purpose’.  The Court of Appeals went no further in its analysis than to explain that at the time that CLA entered the lease, the payday loan statutes were already subject to a sunset provision, meaning they would automatically expire, in 2010, unless legislative action was taken to save them from expiration.  The Court of Appeals ruled that CLA was charged with that knowledge and thus could not claim that the expiration of the payday loan statutes somehow caught it unawares in 2010.  As a result the Court of Appeals affirmed a judgment against CLA for over $140,000.00 in unpaid rent.

Location
Burris & MacOmber, PLLC
2478 E. River Road
Tucson, Arizona 85718
email: info@burrismacomber.com
phone: 520-775-2000
fax: 520-775-2001
Pay your invoice using LawPay
In the News

Registrar of Contractor’s Residential Recovery Fund

December 2, 2014

When a licensed contractor fails to meet the Registrar of Contractor’s workmanship standards, a ho... Read More

The information contained in the Burris & MacOmber, PLLC website is provided for informational purposes only, and should not be constructed as tax or legal advice on any subject matter. The Firm provides legal advice and other services only to persons or entites with which it has established
a formal attorney-client relationship. See Full Disclaimer .
© Copyright 2025 | D. Rob Burris, Managing Partner, Burris & MacOmber PLLC. All Rights Reserved.