Wenner v. Dayton-Hudson Corp.

Dayton-Hudson (plaintiff) let independent retailers operate shops within its department store in exchange for a percentage of revenue, while Dayton provided electricity and maintenance, could terminate the arrangement at any time for default, and could relocate a retailer's space at its discretion; the agreement expressly disclaimed creating a lease or any interest in real property or right to exclusive possession. When the City of Phoenix, through Treasurer Wenner (defendant), assessed a tax applicable to those leasing or renting real property, Dayton challenged the assessment as inapplicable to a mere licensor; the trial court granted Dayton summary judgment, and Wenner appealed.

Whether an agreement that clearly intends to create a licensor-licensee relationship, and does not grant exclusive possession or an interest in real property beyond a personal right of operation, can nonetheless create a landlord-tenant relationship.