This office lease clause states that the tenant shall not make any alterations or other physical changes in or about the Demised Premises without the owner's prior consent in each instance.
Arkansas Alterations Clauses Oppressive Approach
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US-OL12041
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FAQ
What is the Dillon Rule? The Dillon Rule is the principal that local government only exercises (1) powers expressly granted by the state, (2) powers necessarily and fairly implied from the grant of power, and (3) powers crucial to the existence of local government.
Thirty-nine states employ Dillon's Rule to define the power of local governments. Of those 39 states, 31 apply the rule to all municipalities and eight (such as California, Illinois, and Tennessee) appear to use the rule for only certain municipalities. Ten states do not adhere to the Dillon Rule at all.
For a forum selection clause to be found nonbinding and unenforceable, the party hoping to avoid it must meet the weighty responsibility of establishing that its enforcement would be unreasonable, unjust, or unfair. Proof of this may include fraud, duress, or undue influence.
A legislature may, for example, create home rule for an administrative division, such as a province, a county, or a department, so that a local county council, county commission, parish council, or board of supervisors may have jurisdiction over its unincorporated areas, including important issues like zoning.
This is known as Dillon's Rule and, ing to the Arkansas Supreme Court, it means: ?a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those ...
With respect to municipalities, Arkansas has a system of legislative home rule as established by statute.