Rite Aid of Ohio, Inc. v. Marc's Variety Store, Inc.

Porter, Judge.

Plaintiff-appellant, Rite Aid of Ohio, Inc. (“Rite Aid”), appeals from the trial court’s denial of injunctive relief which would have prohibited defendant-appellee, Marc’s Variety Store, Inc. (“Marc’s”) from operating a Marc’s store in the Brookgate Shopping Center in Brook Park, Ohio. Rite Aid claims that the trial court erred in not enjoining Marc’s operation by giving effect to a prior lease restriction which provided that lessee Rite Aid would have “the exclusive privilege for the operation of a Drug Store in the Shopping Center.” Marc’s carries health and beauty aids…