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Case No. 18-2173

Karen Cohen
v.
David Clark and 2800-1 LLC

Karen Cohen and David Clark were lessees of 2800-1 LLC and tenants on the same floor of one building. The parties stipulated Cohen has severe allergies to dogs, Clark needs an emotional support animal (ESA), and 2800-1 LLC waived the no-pets provision in Clark’s lease as an accommodation. Cohen sought damages for breach of contract and interference with the quiet enjoyment of her apartment, alleging 2800-1 LLC unlawfully accommodated Clark’s ESA, which caused her to have severe allergy attacks. She appeals from the district court’s ruling affirming the dismissal of her claims, arguing the court erred in denying relief despite finding the landlord should have rejected Clark’s request to waive the no-pets provision.

County:
Johnson
Trial Court Case No.:
SCSC091535

Appellant

Karen Cohen

Appellees

David Clark and 2800-1 LLC

Attorneys for Appellant

Christopher Warnock

Attorneys for Appellees

Amy L. Evenson

Erek P. Sittig

Supreme Court

Oral Argument Schedule

15-15-5

Feb 10, 2020 7:00 PM

Briefs

Supreme Court Opinion

Opinion Number:
18-2173
Date Published:
Jun 30, 2020

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