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Lisa F. Brown, Esq. <br /> July 29, 1988 <br /> Page 3 <br /> nothing in these sections imposes a duty on a landlord to assume <br /> liability for abandoned trade fixtures of no value to the <br /> landlord. A contrary rule would allow a tenant to create "waste" <br /> on a landlord's property: a tenant could abandon its leasehold at <br /> the close of the lease, leaving unwanted fixtures as a liability <br /> to the landlord that the landlord had no right to reject. <br /> Mr. Hoslett's arguments that the Port "accepted the keys" to the <br /> EP property do not establish the Port's liability and, indeed, <br /> only strengthen the case against the Bank. Mr. Hoslett fails to <br /> provide any authority that the alleged act of accepting the keys <br /> legally constituted any sort of transfer of ownership of EP's <br /> fixtures to the Port. Even if passing the keys did constitute a <br /> transfer of ownership, the Port received the keys from the Bank. <br /> By the Bank's own admission, then, it must have received ownership <br /> of the tanks when it obtained the keys from EP. Moreover, EP's <br /> bankruptcy shielded its property from foreclosure and prevented <br /> the Port from assuming ownership of any of EP's property, even if <br /> the Port had wanted to assume ownership of such property. In <br /> contrast, the Bank obtained permission from the bankruptcy court <br /> to assume possession of EP's assets, including the tanks.. <br /> In answer to the questions in your July 8, 1988 letter to Gary <br /> Allen, EP leased the property from the Port for more than twelve <br /> years commencing on January 6, 1975. EP installed the tanks <br /> during its tenancy. <br /> We anticipate your prompt response to the EP problem, as well as <br /> to the situation at the Industrial Services Corporation ("ISC") <br /> site. The Port reiterates its position that it will cooperate <br /> fully in the resolution of these matters as long all parties who <br /> may be liable help bear the responsibility for needed actions. <br /> We look forward to hearing from you, and please do not hesitate to <br /> call me or Gary Allen if you have any questions. <br /> Ver truly yours, <br /> X,� '4 , <br /> St'even P. McDonald <br /> DORAZIO, BARNHORST & BONAR <br /> GGA:jln <br /> 34/1051: 01 <br />