Valentine v. Cedar Fair, L.P.
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The Supreme Court held that the delayed opening of an amusement park owned by Defendant caused by the government-mandated shutdown imposed by the state in response to the COVID-19 pandemic did not, by itself, establish a claim by a season-pass holder that Defendant breached the terms and conditions of the season pass it issued for the 2020 season.
Plaintiff, a season-pass holder, brought this action asserting breach of contract and unjust enrichment for Defendant's failure to open its amusement parks in May and June 2020. The trial court dismissed the complaint with prejudice. The court of appeals reversed, finding that the parties were subject to the terms and conditions of the pass and that Defendant could not revoke the season pass without compensating Plaintiff. The Supreme Court reversed, holding (1) according to the terms and conditions tissue, Defendant could change its dates of operation without advance notice and close attractions for the government-mandated shutdown; and (2) therefore, Plaintiff's breach of contract action failed as a matter of law, and there was no unjust enrichment.
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