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SPANISH OAKS, INC. v. HY-VEE, INC.

No. S-02-012.

655 N.W.2d 390 (2003)

265 Neb. 133

SPANISH OAKS, INC., and Robert A. Weigel, Appellants, and Cross-Appellees, v. Hy-VEE, INC., et al., Appellees and Cross-Appellants.

Supreme Court of Nebraska.

January 17, 2003.

Attorney(s) appearing for the Case

Daniel E. Klaus and Carl J. Sjulin, of Rembolt, Ludtke & Berger, L.L.P., Lincoln, for appellants.

Robert T. Grimit and David D. Zwart, of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellees.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

I. NATURE OF CASE

Spanish Oaks, Inc., is the owner in fee simple of a 7-acre parcel of real property located in Lincoln, Nebraska. Hy-Vee, Inc., is the current lessee of the property. Spanish Oaks, Inc., and its sole stockholder, Robert A. Weigel (collectively Spanish Oaks) seek a declaratory judgment regarding (1) the terms of the lease between Spanish Oaks and Hy-Vee and (2) the validity of a restrictive covenant contained in a sublease from...

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