Supreme Court of Ohio limits use of equitable-renewal doctrine

Courts may not invoke equity to forgive a tenant’s negligent failure to renew its lease. So held the Supreme Court of Ohio in Ashland Global Holdings, Inc. v. SuperAsh Remainderman. Through its ruling, the Court resolved a conflict in lower courts regarding the “equitable renewal doctrine,” under which courts had recognized the validity of untimely renewals. The Supreme Court held that the doctrine may be applied in cases of fraud or mistake, but does not apply in cases where tenants negligently fail to renew their leases. Because the tenant’s untimely renewal in this case was the result of negligence, the Tenth District erred by applying the equitable-renewal doctrine.

ABKF attorneys Ben Flowers and Jamie Kresge represented amicus curiae Networks USA I, urging reversal. You can read their opening merits brief at this link.

Ashbrook Byrne Kresge Flowers was founded in 2018 to provide sophisticated legal services for closely held businesses and to serve our local communities.

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