Walgreen Arizona Drug Co. v. Plaza Center Corp.

OPINION

JACOBSON, Presiding Judge.

This appeal involves a determination of whether a covenant of continuous operation may be implied in a shopping center lease setting and whether a sublease of the premises by a tenant was in reality an assignment prohibited by the terms of the lease.

This action for declaratory judgment was instituted by appellee Walgreen Arizona Drug Company (Walgreen) as a tenant under a lease with appellant Plaza Center Corporation and Tower Plaza Investment, Limited, a limited partnership (collectively referred to as Tower Plaza), seeking a declaration that Tower Plaza had…