44.5 Commercial Lease Terms. Metropolitan Life Insurance Co. leased space in its Trail Plaza Shopping Center in

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44.5 Commercial Lease Terms. Metropolitan Life Insurance Co. leased space in its Trail Plaza Shopping Center in Florida to Winn-Dixie Stores, Inc., to operate a supermarket. Under the lease, the landlord agreed not to permit “any [other] property located within the shopping center to be used for or occupied by any business dealing in or which shall keep in stock or sell for off-premises consumption any staple or fancy groceries” in more than “500 square feet of sales area.” In 1999, Metropolitan leased 22,000 square feet of space in Trail Plaza to 99 Cent Stuff–Trail Plaza, LLC, under a lease that prohibited it from selling “groceries” in more than 500 square feet of “sales area.” Shortly after 99 Cent Stuff opened, it began selling food and other products, including soap, matches, and paper napkins. Alleging that these sales violated the parties’ leases, Winn-Dixie filed a suit in a Florida state court against 99 Cent Stuff and others. The defendants argued, among other things, that the groceries provision covered only food and that the 500-square-foot restriction included only shelf space, not store aisles. How should these lease terms be interpreted? Should the court grant an injunction in Winn-Dixie’s favor? Explain. [WinnDixie Stores, Inc. v. 99 Cent Stuff–Trail Plaza, LLC, 811 So.2d 719 (Fla.App. 3 Dist. 2002)]

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Business Law Today Comprehensive

ISBN: 9780324595741

8th Edition

Authors: Roger LeRoy Miller, Gaylord A Jentz

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