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Property Keyed to Sprankling
JMB Properties Urban Co. v. Paolucci
Citation:
604 N.E.2d 967 (1992).Facts
In 1984, Barretts Audio & Visual Store (Barretts) opened a store next door to Alfred Paolucci’s (the defendant) jewelry store in a mall. The defendant began complaining a month later to the then-landlord about the noise coming from Barretts. In 1985, Carlyle Real Estate (the plaintiff) bought the mall, hired JMB Properties (the other plaintiff) to manage the mall, and took over all outstanding leases, including the defendant’s and Barretts’. The defendant continued to make about 500 noise complaints about Barretts until Barretts moved out in February 1990. The defendants’ employees testified that the noise from Barretts shook the walls of the jewelry store, caused jewelry to topple over in display cases, and customers occasionally were unwilling to do business in the jewelry store due to the noise. In 1985, at the plaintiffs’ direction, Barretts insulated the stores’ common wall to sound proof it, but this did not fix the problem. The defendant failed to pay rent in July 1990, vacated the premies in August 1990, and moved his jewelry store to a new location less than 5 miles from the mall. The defendant’s lease stated that the defendant had to keep his jewelry store in the mall open for the duration of the lease term (until August 1992) and that he could not operate a similar business within a 5-mile radius during that time.
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