Wellman and Warren (Scott W. Wellman, Stuart Miller, Derek Banducci) represented Superior Properties who had entered into a ground lease with Home Depot to build a Home Depot store. After 2 1/2 years, Home Depot terminated the lease citing a contingency in the lease that allowed Home Depot to terminate the lease if it could not get its permits to build the store. Superior brought an action claiming that Home Depot did not use reasonable efforts to obtain its permits and therefore breached the lease. The jury agreed with Superior. With prejudgment interest, the amount awarded to Superior was in excess of a million dollars. According to Scott Wellman; “This shows that even a mega giant company like Home Depot must play by the rules and be ethical in its business practices.”
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