Crestwood Plaza, Inc. v. Kroger Co.

CLEMENS, Judge.

Suit for declaratory judgment and injunction by plaintiff-landlord Crestwood Plaza, Inc., to void both its shopping center lease to Kroger Company and Kroger’s sublease to Tipton Electric Company. The issue was whether Kroger had the right to sublet the leased premises to Tipton. The trial court said not and Kroger and Tipton appealed. We reverse.

Crestwood contends in Counts I and IV that since its lease to Kroger provided for base rental plus a percentage of Kroger’s retail sales, the lease impliedly prohibited subletting and restricted Kroger’s use of the premises to that of…