Fab’rik Boutique, Inc. v. Shops Around Lenox, Inc

McFadden, Judge.

Fab’rik Boutique, Inc. (“Fab’rik”) sought a declaratory judgment that a restrictive covenant in its lease with its landlord, Shops Around Lenox, Inc. (“Shops”), is unenforceable because it is overly broad. Both parties moved for summary judgment, and the trial court denied Fab’rik’s motion and granted summary judgment to Shops. We find the restrictive covenant ambiguous, but that ambiguity can be resolved by application of the general rules of contract construction. So construed, the restrictive covenant is not overly broad. Accordingly, we affirm.

1. Facts.

To prevail on a…