KROGER LTD. PARTNERSHIP I v. Guastello

HUNTER, Judge.

Thomas Guastello (“defendant”) appeals from an order of the trial court concluding that his commercial tenant, Kroger Limited Partnership I (“Kroger”), did not default on its lease when it demolished a garden shop on the site of the leased premises in order to erect a post office building. The trial court concluded defendant’s consent to demolition of the garden shop was not required under the terms of the lease, and defendant was therefore not entitled to damages. Defendant contends the trial court erred in its construction of the lease. For the reasons stated herein, we affirm…