Tonkon Torp Secures Favorable Ruling for the Heathman Hotel

The Oregon Court of Appeals handed down a major win for Tonkon Torp client, Heathman Hotel Portland, LLC, the previous owner of the Heathman Hotel ("Heathman"), against its former restaurant tenant, McCormick & Schmick's.


Tonkon Torp was hired by the Heathman in 2015 with the goal of gaining a swift resolution to a dispute regarding McCormick & Schmick's lease renewal terms. Trial attorney Ned Perry pursued a strategy to seek a declaratory judgment to affirm that McCormick & Schmick's lease would expire at the end of its existing term, and that the restaurant had no right to renew for another term under the contract. 


In less than four months after filing its case, Tonkon Torp secured the exact declaratory judgment sought by Heathman, as well as an attorney fee award against the restaurant tenant. McCormick & Schmick's appealed the trial court’s decision, but once again Tonkon prevailed on behalf of its client when the Court of Appeals affirmed the judgment, and Heathman was again reimbursed for its attorney fees.


Tonkon Torp proved itself to be ideal counsel in this contract dispute that involved complex procedural issues because it was able to manage an efficient summary judgment process and prepare in advance for the anticipated appeal. The efforts of Tonkon Torp’s litigation team ensured that the entire process was as brief as possible and resulted in a clear time and cost savings benefit for the client, in addition to an outstanding result from the Court.

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