4000 TN, LLC v. JOHN MCCLELLAN ET AL.

This appeal concerns a commercial lease dispute in which the lessees stopped paying rent
and abandoned the property. The lessees asserted that the landlord repudiated the lease by
preparing development plans that, if carried out, would interfere with the lessees’
restaurant, including the parking spaces that the landlord was contractually obligated to
make available for lessees’ guests and invitees. The landlord sued the lessees for breach
of contract, and the lessees filed counterclaims. The landlord later moved for summary
judgment. The trial court granted summary judgment in favor of the landlord. On appeal,
the lessees argue that genuine issues of material fact exist as to whether the landlord failed
to provide the required minimum parking and whether the landlord’s development plans
amounted to anticipatory repudiation of the lease. We conclude, inter alia, that there are
no genuine issues of material fact requiring trial and that the landlord is entitled to summary
judgment. The judgment of the trial court is affirmed. We also grant Plaintiff’s request
for attorney’s fees incurred on appeal and remand to the trial court for a determination of
reasonable attorney’s fees incurred on appeal.