Study Aids
Case Briefs Overview
Casebooks
Case Briefs
T

Tippecanoe Associates II, LLC v. Kimco Lafayette 671, Inc.

811 N.E.2d 438 (2004)

From our private database of 46,400+ case briefs, written and edited by humans—never with AI.

Tippecanoe Associates II, LLC v. Kimco Lafayette 671, Inc.

Indiana Court of Appeals
811 N.E.2d 438 (2004)

SR

Facts

SES Development Company (SES) owned the Sagamore Shopping Center in Indiana. Beginning April 27, 1973, SES leased one of its stores to Kroger Company (Kroger), a grocery store operator, for twenty years. The lease contained a covenant restricting SES from renting space in the shopping center or within a two-mile radius to any other grocery store operators. On January 15, 1997, SES sold the shopping center to Kimco Lafayette 671, Inc. (Kimco) (plaintiff). At the time, Target occupied almost half the space at the shopping center. But in April 2000, Target moved out of the shopping center. Despite various attempts, the only new tenant Kimco was able to attract was Schnucks, a grocery store operator. On December 6, 2001, Kimco filed suit requesting the trial court to declare the restrictive covenant in the SES-Kroger lease to be unenforceable. By that point, the lease had undergone various assignments until Tippecanoe Associates II, LLC (Tippecanoe) (defendant) had the rights to the lease and the property was subleased to H.H. Gregg Appliances, Inc. The trial court declared the restrictive covenant unenforceable.

Rule of Law

Issue

Holding and Reasoning (Hastings, C.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 830,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead 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.

    Learn about our approachRead more about Quimbee

Here's why 830,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 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.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 830,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,400 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Property

Key Terms