Home Depot, U.S.A., Inc. v. Saul Subsidiary I Ltd. Partnership

OPINION

DYCHE, Judge.

The parties to this appeal own adjoining tracts of real estate upon which Lexington *340Mall was developed in the 1970’s. The mall prospered for several years but eventually fell upon hard times in the mid-1990⅛. The dispute herein centers upon the mutual covenants contained in the original agreement that the parties’ predecessors in title entered into which permitted the development of the mall (the 1969 agreement), and the enforcement of those covenants. The Fayette Circuit Court, on remand from this court in an earlier appeal, adjudged that Home Depot breached those…