Grand Union Co. v. Laurel Plaza, Inc.

Fourth Circuit

Grand Union Co. v. Laurel Plaza, Inc.

369 F.2d 697

CourtCourt of Appeals for the Fourth Circuit

DecidedNovember 23, 1966

DocketNos. 10757, 10758

StatusPublished

Cited by1 cases

This text of 369 F.2d 697 (Grand Union Co. v. Laurel Plaza, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Grand Union Co. v. Laurel Plaza, Inc., 369 F.2d 697 (4th Cir. 1966).

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Opinion

PER CURIAM.

A covenant in a lease by Laurel Plaza, Incorporated of certain property in a shopping center in Prince Georges County, Maryland, was held by the District Court, at the suit of the lessee supermarket, The Grand Union Company, to bar Laurel and its joint defendants from later erecting or operating a supermarket on the lessor’s land located south of and opposite the first site, but separated therefrom by a State highway.

On appeal, Laurel and the other respondents attack the holding, and the effectuating injunction, on the argument that the covenant’s encumbrance, which is limited to “contiguous” lands, does not permit a reading of it to include the second tract, and that in any event the plaintiff is estopped by laches to enforce the covenant.

As we find no fault in the law as applied by the District Judge and his findings are not “clearly erroneous”, F.R. Civ.P. 52(a), we affirm his decision for the reasons stated in his opinion. Grand Union Company v. Laurel Plaza, Incorporated, 256 F.Supp. 78 (D.C.Md.1966).

Affirmed.

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