PLAZA ASSOCIATES v. UNIFIED DEVELOPMENT, INC.

No. C6-94-1227.

524 N.W.2d 725 (1994)

PLAZA ASSOCIATES, a Minnesota general partnership, Appellant, v. UNIFIED DEVELOPMENT, INC., a Minnesota Corporation, et al., Defendants, Walgreen Company, an Illinois corporation, Respondent.

Court of Appeals of Minnesota.

Review Denied January 25, 1995.


Attorney(s) appearing for the Case

Frederick A. Dudderar, Jr., Hanft, Fride, O'Brien, Harries, Swelbar & Burns, P.A., Duluth, for appellant.

Joseph J. Roby, Jr., Johnson, Killen, Thibodeau & Seiler, P.A., Duluth, for respondent.

Considered and decided by KLAPHAKE, P.J., and CRIPPEN and RANDALL, JJ.


OPINION

CRIPPEN, Judge.

Appellant Plaza Associates, Inc., challenges the trial court's summary judgment for respondent Walgreen Company in appellant's suit for declaratory judgment to find in its lease with Walgreen an implied covenant by Walgreen to continuously operate a drugstore on appellant's premises for the duration of the lease. We affirm.

FACTS

In 1951 appellant and Walgreen entered into a 20-year lease in which Walgreen agreed...

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