Hellenic Investment, Inc. v. Kroger Co.

OPINION

EVANS, Chief Justice.

This is an appeal from a permanent injunction enjoining the operation of a “night club” in a shopping center.

The shopping center, situated in Pasadena, Texas, is owned by appellant, Pasadena Associates, and managed by the appellant, Equity Fund Advisors, Inc. Pasadena Associates leased space in the center to the appellee, the Kroger Company, to operate a grocery store. Under the terms of that lease, Pasadena Associates agreed it would not lease any other premises in the center for a “bar,” “night club,” or “other business of like nature.” Pasadena Associates then…