WALGREEN ARIZONA DRUG v. PLAZA CENTER CORP.

Nos. 1 CA-CIV 5129, 1 CA-CIV 5239.

132 Ariz. 512 (1982)

647 P.2d 643

WALGREEN ARIZONA DRUG CO., an Arizona corporation, Plaintiff-Appellee, Fed-Mart Corporation, a corporation, and Fed-Mart Stores, Inc., a California corporation, Third Party Defendants-Appellees, v. PLAZA CENTER CORPORATION, an Arizona corporation, and John L. Holmes, individually and as general partners of Tower Plaza Investments Limited, a Limited Partnership, Defendants-Third Party Plaintiffs-Appellants.

Court of Appeals of Arizona, Division 1, Department B.

May 18, 1982.


Attorney(s) appearing for the Case

Streich, Lang, Weeks & Cardon, P.A. by William S. Hawgood II, Frank M. Placenti, Phoenix, for plaintiff-appellee, third party-defendants-appellees.

Harrison, Myers, Singer & Lerch, P.C., by Thomas F. Harper, Phoenix, and Michael L. Robins, Los Angeles, Cal., for defendants-third party plaintiffs-appellants.


OPINION

JACOBSON, Presiding Judge.

This appeal involves a determination of whether a covenant of continuous operation may be implied in a shopping center lease setting and whether a sublease of the premises by a tenant was in reality an assignment prohibited by the terms of the lease.

This action for declaratory judgment was instituted by appellee Walgreen Arizona Drug Company (Walgreen) as a tenant under a lease with appellant Plaza Center Corporation...

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