MacMillan, Inc. v. CF Lex Associates

Campeau Corporation (U.S.), Inc. (defendant), owner of the Macmillan Building where MacMillan, Inc. (plaintiff) was a tenant, and CF Lex Associates (defendant), owner of the underlying land, jointly executed a declaration merging their block's properties into a single zoning lot and separately arranged for CF Lex to buy airspace rights above the Macmillan Building, enabling CF Lex to build a taller neighboring structure than otherwise permitted. MacMillan sued, arguing a city zoning resolution required consent from every "party in interest" in the tract of land for the merger to be effective, and that MacMillan as a tenant qualified; the state supreme court dismissed MacMillan's complaint for lacking such an interest, the appellate court reversed, and CF Lex appealed.