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THE STOP & SHOP SUPERMARKET COMPANY v. URSTADT BIDDLE PROPERTIES, INC.

433 Mass. 285 (2001)

THE STOP & SHOP SUPERMARKET COMPANY v. URSTADT BIDDLE PROPERTIES, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

January 26, 2001.

Attorney(s) appearing for the Case

Robert J. Muldoon, Jr. (David A. Brown with him) for the plaintiff.

Anthony M. Feeherry (Gordon H. Piper with him) for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.

GREANEY, J.

We transferred this case to this court on our own motion to decide the expiration date of a land use restriction prohibiting the plaintiff, The Stop & Shop Supermarket Company (Stop & Shop), from operating a supermarket or a discount store on its property (premises) that abuts land owned by the defendant, Urstadt Biddle Properties, Inc. (Urstadt). The restriction was created on February 13, 1970, and...

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