Roberts v. Unimin Corp.

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Present lessors sought a declaratory judgment against Unimin Corporation, the present lessee, that the lease at issue created a tenancy at will. The Eighth Circuit affirmed the district court's grant of summary judgment to Unimin, ruling that the lease had created a determinable leasehold, not a tenancy at will, and so Unimin did not unjustly enrich itself by staying in possession. Under Arkansas law, the lease specified that the lessee may stay in possession until certain activities (mining silica in this case) ceased, and thus created a determinable estate. View "Roberts v. Unimin Corp." on Justia Law