Holl v. Claremont Associates

The defendants, Claremont Associates and Rosen Associates Management Corporation, appeal from a Superior Court (Morrill, J.) order enjoining their tenant, J & B Foods, Inc. (J & B), from making sales that the plaintiff, Gertrude Holl d/b/a B.J. Bricker’s Restaurant, claims are prohibited by the terms of a cross-easement agreement. We reverse.

The trial court made the following findings. The plaintiff owns and operates B.J. Bricker’s Restaurant (B.J. Bricker’s) in Claremont. Defendant Claremont Associates owns the property, known as the Claremont Plaza Shopping Center (Claremont Plaza),…