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Winn-Dixie Stores, Inc. v. Dolgencorp, Inc.

Florida District Court of Appeal

64 So. 2d 261 (Fla. Dist. Ct. App. 2007)

Relevant factsFree

Winn-Dixie (plaintiff), the anchor tenant of a shopping plaza, held a lease giving it the exclusive right to sell groceries in the plaza, with an exception allowing other stores to sell groceries in no more than 500 square feet. The lease stated its provisions were covenants that ran with the land. Dolgencorp (defendant) later became a tenant and sold groceries in more than 500 square feet. Winn-Dixie sued for injunctive relief; Dolgencorp moved for summary judgment, which the trial court granted. Winn-Dixie appealed.

IssueFree

Whether a covenant granting a grocery store the exclusive right to sell groceries in a shopping plaza runs with the land.

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