J. WEINGARTEN, INC. v. NORTHGATE MALL, INC.

No. 80-C-2991.

404 So.2d 896 (1981)

J. WEINGARTEN, INC. v. NORTHGATE MALL, INC. and Pickens Bond Construction Company.

Supreme Court of Louisiana.

Concurring Opinion October 16, 1981.

Rehearing Denied October 21, 1981.


Attorney(s) appearing for the Case

Randall C. Songy and John G. Torian, III, of Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, for defendant-applicant.

L. Lane Roy and M. Candice Hattan, Lafayette, for plaintiff-respondent.


DENNIS, Justice.

We are called upon to decide whether, under the circumstances of this case, a court should specifically enforce a lease by ordering the destruction of the major part of a $4 million building which a shopping center developer erected in an area reserved to its tenant for customer parking. The trial court refused to order the building razed, but the court of appeal reversed, requiring that approximately 60% of the building be torn down and removed within...

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