Bright Horizons Children’s Centers v. Riverway Midwest II

(Court opinion corrected 7/14/10.) Tenant, a child-care center, filed declaratory judgment action as landlord refused to offer suitable relocation space on ground floor. DCFS regulations required ground-floor space for facility caring for infants and toddlers, unless exception approved by fire marshall inspection; tenant would be in violation of DCFS regulations if operating in alternate second-floor space offered. Lease agreement referenced DCFS licensing standards, and contained relocation provision which required that alternative location be mutually satisfactory to tenant and landlord. Thus, by landlord's refusal to offer suitable alternative space, landlord defaulted and its actions triggered attorneys fees shifting provision of contract, requiring landlord to pay tenant's attorneys fees. Tenant conceded that ground-floor requirement was not discussed in lease negotiations, thus court properly denied landlord's motion to compel depositions of tenant's employees who participated in negotiations. (J. GORDON and McBRIDE, concurring.)