When land not owned by the

When land not owned by the LEED project owner may be included
In the guidance of MPR reports the following:

Land that the LEED project owner does not own (i.e., leases, has an easement on, or has no claim to) may be included within the LEED project boundary if it can very clearly be shown to support building functions (this includes stormwater management strategies) or is a part of the construction scope. Otherwise, it should be excluded.

However, we have a CS project, a mixed-use tower (commercial and retail). One of the owners own the retail area and decided not to certify LEED.

We can exclude the retail of our certification process?