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Stanford Hotels Corporation v. Potomac Creek Associates, L.P

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Argued February 10, 2009

Before RUIZ, THOMPSON and OBERLY, Associate Judges.

Stanford Hotels Corporation (“Stanford”) seeks reversal of the trial court’s grant of summary judgment to appellee, Potomac Creek Associates, L.P. (now reincorporated as Potomac Creek, L.L.C., “Potomac Creek”), denying specific performance of an agreement to negotiate for Stanford’s purchase of the Loews L’Enfant Plaza Hotel (“Hotel”) from Potomac Creek. The trial was bifurcated into two phases: the first for a determination of liability, followed by a determination of remedy. Presiding over the liability phase of the trial, Judge Leonard Braman concluded that Potomac Creek was liable for breach of a preliminary contract which bound the parties to “negotiate in good faith with a view to signing” a final agreement for the sale of the Hotel, and had acted in bad faith by refusing to sign the final agreement they had negotiated. Presiding over the second phase of the trial, Judge Brook Hedge determined that specific performance, the only remedy requested by Stanford, was unavailable as a matter of law and, therefore, granted Potomac Creek’s motion for summary judgment. Because we conclude that specific performance was available to enforce the preliminary contract in accordance with its terms, we reverse the judgment and remand the case to the trial court for further proceedings to determine whether specific performance is warranted by the facts of this case.

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