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FOODS FIRST, INC. v. GABLES ASSOCIATES

Record No. 911176.

418 S.E.2d 888 (1992)

FOODS FIRST, INC. v. GABLES ASSOCIATES, et al.

Supreme Court of Virginia.

June 5, 1992.

Attorney(s) appearing for the Case

Clifford L. Harrison, Radford (Daniel D. Hamrick, Stone, Hamrick, Harrison & Turk, on briefs), for appellant.

Steven C. McCallum, Richmond (McGuire, Woods, Battle & Boothe), for appellee Harris Teeter, Inc.

James L. Hutton, Todd G. Patrick (Gilmer, Sadler, Ingram, Sutherland & Hutton, Blacksburg, on brief), for appellee Gables Associates.

Present: CARRICO, C.J., COMPTON, STEPHENSON, WHITING, LACY and KEENAN, JJ., and COCHRAN, Retired Justice.

KEENAN, Justice.

In this appeal, we decide whether the trial court properly construed a restrictive covenant in a lease.

Foods First, Inc. (Foods First) owns and operates a supermarket which occupies approximately 15,000 square feet in Gables Shopping Center in Blacksburg. This retail space was previously occupied by Great Atlantic and Pacific Tea Company, Inc. (A & P), which assigned its lease to Foods First.

The original lease between A &...

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