Quimbee logo
DMCA.com Protection Status
From our private database of 15,400+ case briefs...

K-Mart Corporation v. Oriental Plaza, Inc.

United States Court of Appeals for the First Circuit
875 F.2d 907 (1989)


K-Mart Corporation (K-Mart) (plaintiff) entered as a tenant into a lease agreement (Lease) with Oriental Plaza Shopping Center, which was owned by Oriental Plaza, Inc. (OPI) (defendant). The parties agreed that OPI would build no more than 10,000 square feet of retail space in the parking area north of K-Mart’s store, and that any new construction would not deviate from an agreed site plan without K-Mart’s express written consent. OPI subsequently presented K-Mart with a site plan for the development of the rest of the shopping center, and after discussion and modification, K-Mart approved a plan. However, OPI began construction according to an earlier version of the plan rejected by K-Mart, and K-Mart did not realize the deviation for 11 weeks, at which point OPI’s construction was nearly complete. K-Mart sued in federal district court for a preliminary injunction, alleging that the development violated the Lease and harmed K-Mart by reducing its parking availability, increasing traffic congestion, obstructing the view of its store and signage, and decreasing the chance of impulse shopping. At trial, evidence showed that OPI’s construction blocked the view of K-Mart’s building from the highway, interfered with K-Mart’s “presence” as bargained for in the Lease negotiations, decreased parking availability, and interfered with vehicle maneuverability and pedestrian safety. The district court granted injunctive relief, ordering OPI to raze the southernmost structure under construction and replace the structure with no fewer than 30 parking spaces within 60 days, as well as enjoining further development in the parking area except in strict compliance with the Lease. OPI appealed, arguing that injunctive relief was inappropriate because money damages were sufficient.

Rule of Law


Holding and Reasoning (Selya, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 321,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,400 briefs, keyed to 210 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.