Restitution claim reinstated despite lease in dispute about overpayments

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted May 5, 2023 10:05 AM

Restitution generally isn’t available for disputes that spring from a written agreement. But based on the Restatement (Third) of Restitution and Unjust Enrichment (2011), the 10th U.S. Circuit Court of Appeals reinstated a tenant’s complaint for return of “mistaken overpayments” to its landlord.Safeway Stores 46 Inc. leased real estate in Wyoming from WY Plaza LC. The agreement permitted Safeway to enlarge the store and deduct construction costs from rental payments. For years, Safeway forgot to take the deductions.When …

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