Interstate Hosts v. Airport Conces

2 Citing cases

  1. Kurpjuweit v. Northwestern Development Co.

    708 P.2d 39 (Wyo. 1985)   Cited 21 times
    Holding that "the provision of [a contract] containing the requirement that [the liquor licensee] transfer the liquor license to [a third party] is valid and enforceable as between the parties [but that a]ny such transfer is, however, subject to the provisions of [governing law] requiring a public hearing and approval by the licensing authority"

    Slane v. Curtis, 39 Wyo. 1, 269 P. 31 (1928). Other jurisdictions have held that declaratory judgment is an appropriate remedy to determine the legal relations between parties under a lease of real property. Gillmor v. Gillmor, Utah, 596 P.2d 645 (1979); Interstate Hosts, Inc. v. Airport Concessions, Inc., 71 Wn.2d 487, 429 P.2d 245 (1967); Milwaukee Hotel Wisconsin Company v. Aldrich, 265 Wis. 402, 62 N.W.2d 14 (1953); and cases cited in Annot., 60 A.L.R.2d 400 (1958). This court in Bragg v. Marion, Wyo., 663 P.2d 505 (1983), held that, provided a justiciable controversy is present, declaratory judgment is a proper remedy for construction of a deed or other muniment of title.

  2. Lee v. North Dakota Park Service

    262 N.W.2d 467 (N.D. 1978)   Cited 19 times
    Noting lease is contract for possession of property for a term of years usually for a specified rent

    To this we add that substance rather than label prevails. In Interstate Hosts, Inc. v. Airport Concessions, Inc., 71 Wn.2d 487, 429 P.2d 245, 247 (1967), the Court had under consideration a lease and a sublease, and what rights the sublessee acquired through the sublease. The Court stated: