Golden Bear, Inc. v. StateCenterComm.College Dist.
This appeal involves 21 lots of real property located adjacent to State Center Community College Districts (SCCCD) new Clovis campus. Three of the lots are the subject of this appeal. SCCCD had a right of first refusal from the owner, American Property Holdings, LLC (APH). During the time in which SCCCD was entitled to exercise its right of first refusal, it exercised the right. During this same period, APH entered into a contract of sale with Golden Bear, Inc. (Golden Bear), and notified Golden Bear of SCCCDs right of first refusal. When ACH and Golden Bear could not agree on a value to be deducted from the contract price as a result of the three lots being sold to SCCCD instead of being included in the sale to Golden Bear, Golden Bear filed for specific performance. The trial court found the right of first refusal document to be unenforceable and granted the request by Golden Bear for specific performance. Court reverse the judgment.
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