DRAFT FOR ATTORNEY REVIEW — NOT FINAL

White/Reach Brannon Rd., LLC v. Rite Aid of Kentucky, Inc., 488 S.W.3d 631 (2016)

Citation
White/Reach Brannon Rd., LLC v. Rite Aid of Kentucky, Inc., 488 S.W.3d 631 (2016)
Parent Document
White/Reach Brannon Rd., LLC v. Rite Aid of Kentucky, Inc., 488 S.W.3d 631 (2016)
Jurisdiction
Kentucky (state)
Effective Date
2016-04-29
Original Source
https://www.courtlistener.com/opinion/5446736/whitereach-brannon-rd-llc-v-rit... ↗

Other Sections in This Document (46)

Full Text

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The Appellants argue that they would not have entered into the Purchase Agreement had Rite Aid not insisted. Further, White/Reach alleges that actions by Rite Aid prevented them from performing under the Lease, and because Rite Aid prevented White/Reach from reaching the terms of the Lease,, it proposed a Purchase Agreement. However, other than self-serving statements by Reach, .no evidence was provided that Rite Aid prevented the construction of the facility. Keeping in mind Steelvest’s instruction that a party opposing a summary judgment motion “cannot rely on the hope that the trier of fact will disbelieve the movant’s denial of a disputed fact, but ‘must present affirmative evidence in order to defeat a properly supported motion for summary judgment,’ ” the testimony by Reach is insufficient to establish this fact. Steelvest, 807 S.W.2d at 481.