Marriott Corp. v. Combined Properties Ltd. Partnership

In this dispute arising from competition in the quick service restaurant industry, we consider whether the trial court correctly determined the meaning of the term “drive-in food establishment,” as used in a restrictive covenant in a 1967 lease.

In March 1988, appellant Marriott Corporation filed a bill of complaint against its landlord, appellee Combined Properties Limited Partnership, and appellee McDonald’s Corporation, seeking a declaratory judgment to block construction of a McDonald’s restaurant within 2,000 feet of a Roy Rogers restaurant operated by Marriott. The Roy Rogers (formerly…