Justice Paul Wooten
Commercial tenant-shareholder Campaniello moved for a Yellowstone injunction to enjoin and restrain the cooperative and its board of directors from terminating his leasehold or tenancy. Defendants cross-moved for summary judgment on the first, second and third causes of action, including enjoining the co-op from collecting a sublet fee from Campaniello. Campaniello sought to sublet the premises and was informed there was a 10 percent sublet fee. He claimed he was forced to agree to the sublet agreement, arguing the by-laws and lease agreement did not authorize same. Campaniello sublet the premises, but refused to pay the sublet fee, and the co-op served a notice to cure. The court noted Campaniello did not dispute the co-op collected a sublet fee from all shareholders subletting their units since 1980. Defendants claimed the amendment to the by-laws imposing the fee was valid and enforceable, entitling them to summary judgment, and dismissal of plaintiff’s causes of action. The court agreed, finding Campaniello’s arguments meritless, and stating the amendment to the by-laws was validly imposed. As such, the motion for a Yellowstone injunction was moot, and denied, granting defendant’s motion.
