Safeway Inc. v. CESC PLAZA LID. PARTNERSHIP

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ELLIS, District Judge.

The central question in this action for declaratory judgment and injunctive relief is whether a supermarket tenant reasonably withheld its consent, pursuant to a provision in its lease, to the landlord’s proposed changes to a common area. The proposed changes, which are part of a larger renovation and revitalization project for the immediately surrounding urban area, involve the elimination of the existing above ground parking structure currently used by the supermarket’s customers to accommodate the construction of new retail…