DPLM, Ltd. v. J. H. Harvey Co.

Pope, Presiding Judge.

DPLM, Ltd. brought suit against J. H. Harvey Company (Harvey’s) for damages incurred when Harvey’s chose not to expand its existing grocery store in a DPLM-owned shopping center, but instead chose to close the store. Because we find that jury questions exist as to whether DPLM reasonably relied upon any promises by Harvey’s regarding the expansion of its store, we reverse the trial court’s grant of summary judgment to Harvey’s on DPLM’s claim of promissory estoppel. But because we find that the parties’ lease does not contain an implied covenant of continuous operation…