Iggy's Doughboys, Inc. v. Giroux

OPINION

This case concerns the interpretation and scope of a commercial-lease provision specifying that “[n]o take-out window service shall be permitted” at an Oakland Beach restaurant located on the leased premises. The lessee-defendant, Mako’s Beach, Inc. (Mako’s), appeals from a Superior Court order granting a preliminary injunction enjoining the use of any takeout service at the Rocky Point Chowder House (RPCH) located on the leased premises. Mako’s contends that the lease provision in question only prohibits take out-window service and does not extend to take-out business in general,…