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White City Shopping Center v. PR Restaurants, LLC

Massachusetts Superior Court for Worcester County
21 Mass. L. Rptr. 565 (2006)


PR Restaurants, LLC (PR) (plaintiff) operated a chain of Panera Bread restaurants. These restaurants primarily sold sandwiches, soup, and coffee. PR entered into a lease agreement with White City Shopping Center (White City) (defendant) for one of the restaurants. The lease agreement prohibited White City from renting out any other space in the shopping center to a bakery or restaurant that had annual sales of sandwiches greater than 10 percent of its own total sales. The lease agreement did not define sandwiches. White City began negotiations with the owner of a Qdoba restaurant franchise to lease space in the shopping center. Qdoba restaurants primarily sold burritos, quesadillas, and tacos. PR objected to this proposed lease, because PR believed that those items qualified as sandwiches. PR sued White City and sought a preliminary injunction to prevent White City from entering into the lease.

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