Missouri Court of Appeals, Western District / Nov 5, 2024
West 39th Street, LLC vs. Lina, LLC
Lina, LLC, a tenant operating a pizza restaurant, appealed a declaratory judgment that a "Lease Addendum" granting it perpetual renewal options was void and unenforceable. The trial court had found the addendum void because it provided for perpetual renewal options and violated the rule against restraints on alienation. The appellate court reversed and remanded, holding that perpetual lease renewals are enforceable in Missouri when clearly expressed, and that the rule against restraints on alienation does not apply to enforceable perpetual leases.