McDonald's Corp. v. Brentwood Center, Ltd.

Opinion by

Judge PLANK.

Defendant, Brentwood Center, Ltd., appeals the trial court’s award of damages to plaintiffs, McDonald’s Corporation and RCM Management Company, after judgment was entered against defendant upon plaintiffs’ claim for breach of a restrictive covenant. We vacate the judgment and remand the cause with directions.

I

Plaintiffs operate a fast-food restaurant at a shopping center owned and operated by defendant. The restaurant space was initially leased in 1959. In 1974, a restriction was incorporated into an amended lease which prohibited defendant from leasing space at its…