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Shaver v. Clanton

Law Dictionary
CASE BRIEFS

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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.26 Cal.App.4th 568, 31 Cal.Rptr.2d 595 (Ct. App. 1994)

Brief Fact Summary. Robert and Helen Clanton entered into a ten year lease, with an option to renew for another ten years, with Emerson Stanley for shopping center space in 1971 for a minimum annual rent of $11,400. The lease was amended by the Clantons in 1988 and 1989, the latter amended providing the Clantons the right to extend the lease for additional five year periods at the end of each prior lease period and gave them the right of first refusal if the property was offered for sale. Stanley’s sole heir Donna Shaver challenged the validity of the lease amendments.

Synopsis of Rule of Law. Commercial, nondonative transactions such as options to renew, rights of first refusal, and commercial leases are exempt from the provisions of the rule against perpetuities, but if the involve the lease of a city lot they are limited to 99 years.


Facts. Robert and Helen Clanton entered into a ten year lease, with an option to renew for another ten years, with Emerson Stanley for shopping center space in 1971 for a minimum annual rent of $11,400. The lease was amended by the Clantons in 1988 and 1989, the latter amended providing the Clantons the right to extend the lease for additional five year periods at the end of each prior lease period and gave them the right of first refusal if the property was offered for sale. Stanley’s sole heir Donna Shaver challenged the validity of the lease amendments on the basis that the 1989 amendments violated the rule against perpetuities.

Issue. Does the rule against perpetuities apply in situations involving commercial, nondonative transactions such as this?
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