Plaza Associates v. Unified Development, Inc.

OPINION

CRIPPEN, Judge.

Appellant Plaza Associates, Inc., challenges the trial court’s summary judgment for respondent Walgreen Company in appellant’s suit for declaratory judgment to find in its lease with Walgreen an implied covenant by Walgreen to continuously operate a drugstore on appellant’s premises for the duration of the lease. We affirm.

FACTS

In 1951 appellant and Walgreen entered into a 20-year lease in which Walgreen agreed to rent space in a shopping center which appellant was building and to use the premises

for a drugstore, including the right, at Tenant’s option, to install a soda…