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DBD v. C & S WHOLESALE GROCERS, INC.

No. 03-209.

857 A.2d 263 (2004)

2004 VT 47

DOWNTOWN BARRE DEVELOPMENT v. C & S WHOLESALE GROCERS, INC., GU Markets, LLC, GU Markets of Barre, LLC, and Maxi Drug, Inc., Intervenor.

Supreme Court of Vermont.

Motion for Reargument Denied July 28, 2004.

Attorney(s) appearing for the Case

Andrea L. Gallitano of Otterman and Allen, P.C., Barre, for Plaintiff-Appellee/Cross-Appellant Downtown Barre Development.

Leighton C. Detora of Valsangiacomo, Detora & McQuesten, P.C., Barre, for Appellees/Cross-Defendants-Appellants C & S, et al.

Robert S. DiPalma of Paul, Frank & Collins, P.C., Burlington, for Intervenor-Appellant Maxi Drug, Inc.

Present: AMESTOY, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.

¶ 1. SKOGLUND, J.

The principal issue in this case is whether the parties' commercial lease allows the current shopping plaza tenant to divide the subject premises and create two smaller retail establishments out of the space where the former tenant had operated a supermarket. The owner of the shopping plaza, plaintiff Downtown Barre Development (DBD), filed suit in an attempt to stop intervenor Maxi Drug, Inc. from purchasing the former tenant's rights under...

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