NET REALTY HOLDING TRUST v. FRANCONIA PROPERTIES

Civ. A. No. 82-0318-A.

544 F.Supp. 759 (1982)

NET REALTY HOLDING TRUST, Plaintiff, v. FRANCONIA PROPERTIES, INC., et al., Defendants.

United States District Court, E. D. Virginia, Alexandria Division.

August 10, 1982.


Attorney(s) appearing for the Case

Andrew P. Miller, Alexandria, Va., for plaintiff Net Realty Holding Trust.

John S. Stump, Alexandria, Va., for defendants Franconia Properties and Riklis.

Warwick R. Furr, II, Vienna, Va., for defendant J. C. Penney Co.

Francis A. McDermott, Fairfax, Va., for defendant Montgomery Ward.

John Keith, Fairfax, Va., for defendant ASC of Springfield, Inc.


MEMORANDUM OPINION

RICHARD L. WILLIAMS, District Judge.

Plaintiff Net Realty Holding Trust (Net) is a Massachusetts real estate trust. Net has filed an action in this court challenging the validity of an affirmative use restriction affecting a store area that it purchased in Springfield Mall. This restrictive covenant requires the occupants of three large areas in the shopping mall to operate first-class department stores for a period of thirty years. Net...

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