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Providence Square Associates, LLC v. G.D.F., Inc.

United States Court of Appeals for the Fourth Circuit
211 F.3d 846 (2000)


Facts

G.D.F., Inc. (G.D.F.) (plaintiff) leased space from Providence Square Associates, L.L.C. (Providence Square) (defendant) to operate a Rite Aid as an anchor tenant of a Virginia shopping center. The lease gave G.D.F. the exclusive right to run a drug store and a photo-finishing business in that shopping center. Several years into the lease, Hannaford Bros. Co. (Hannaford) (defendant) opened a supermarket at the shopping center. The Hannaford supermarket included a full-service pharmacy and a drop box for photo processing. After declining sales, G.D.F. brought a claim against Providence Square, alleging that Providence Square let Hannaford operate a pharmacy and a photo drop box business in violation of the restrictive covenants in G.D.F.’s lease. Providence Square moved the trial court for summary judgment. The court granted Providence Square’s motion, and G.D.F. appealed.

Rule of Law

Issue

Holding and Reasoning (King, J.)

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