Providence Square Associates, LLC v. G.D.F., Inc.
United States Court of Appeals for the Fourth Circuit
211 F.3d 846 (2000)
G.D.F.'s (plaintiff) Rite Aid lease at a Virginia shopping center owned by Providence Square (defendant) gave it exclusive rights to operate a drug store and photo-finishing business there; years later, Hannaford (defendant) opened a supermarket at the same center that included a full-service pharmacy and a photo drop-box service, and G.D.F. sued Providence Square after suffering declining sales, alleging the new tenant violated its lease's exclusivity covenants. The trial court granted Providence Square summary judgment, and G.D.F. appealed.
Whether a restrictive covenant granting a shopping-center tenant categorical exclusivity bars other tenants from selling items within that exclusive category.