Olympus Hills Shopping Center, Ltd. v. Smith's Food & Drug Centers, Inc.

I concur in the main opinion’s holding regarding the Continuous Operation Clause of the parties’ lease. That issue was properly decided by the jury. I dissent, however, from the main opinion’s holdings regarding (1) the implied covenant of good faith and fail’ dealing, and (2) unlawful detainer. Those issues should have been resolved by the trial court, as a matter of law.(1) Implied Covenant of Good Faith and Fair Dealing

Olympus Hills Shopping Center Ltd. (Olympus Hills) argued before the trial court that the decision of Smith’s Food & Drug Centers (Smiths) to replace its full-service…