K-Mart Corporation v. Oriental Plaza, Inc.

K-Mart Corporation (K-Mart) (plaintiff) leased space in a shopping center from Oriental Plaza, Inc. (OPI) (defendant), with the lease limiting new construction in the parking area near K-Mart's store to 10,000 square feet and requiring K-Mart's written consent for any deviation from an agreed site plan; after K-Mart approved a modified plan following negotiations, OPI instead built according to an earlier, rejected version, a deviation K-Mart did not discover for 11 weeks by which point construction was nearly complete. K-Mart sought a preliminary injunction, presenting evidence that the construction blocked highway visibility of its store, undermined the store "presence" it had bargained for, reduced parking, and interfered with vehicle and pedestrian safety; the district court granted the injunction, ordering OPI to raze part of the structure and restore parking spaces, and OPI appealed, arguing money damages would suffice.