Legal Opinion

Gates v. G. M. S. Development Corp.

Louisiana Court of Appeal

Decided April 27, 1981No. 14519Published

1Opinion of the Court

MARVIN, Judge.

Lessee’s assignors, as plaintiffs, appeal from a rejection of their demands for a declaratory judgment of a restrictive use provision in a 1967 lease in a Monroe shopping center. We affirm a judgment upholding this restrictive use provision in the lease:

“It is understood, and the Tenant so agrees, that the leased premises, during the term hereof, shall be used and occupied by the Tenant only for the purpose of: operating a nationally franchised ‘Shakey’s Pizza Parlor’ and for no other purpose or purposes.” Emphasis supplied.

Lessee lost its Shakey’s franchise in 1979 when it…

2Cases cited8 opinions

  1. Illinois Cent. Gulf R. Co. v. International HarvesterSupreme Court of Louisiana · 1979
  2. Wilson v. Cost+ Plus of Vivian, Inc.Louisiana Court of Appeal · 1979
  3. Selber Bros. v. Newstadt's Shoe StoresSupreme Court of Louisiana · 1940
  4. New Orleans & Carrollton Railroad v. DarmsSupreme Court of Louisiana · 1887
  5. Riverside Rlty. Co. v. National Food Stores of La., Inc.Louisiana Court of Appeal · 1965

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