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HOME DEPOT U.S.A. v. SAUL SUBS. I LTD. PAR.

Nos. 2002-CA-002118-MR, 2003-CA-001148-MR.

159 S.W.3d 339 (2004)

HOME DEPOT, U.S.A., INC., Appellant, v. SAUL SUBSIDIARY I LIMITED PARTNERSHIP, a Maryland Limited Partnership, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 6, 2004.

Discretionary Review Denied by Supreme Court April 13, 2005.

Attorney(s) appearing for the Case

Phillip D. Scott, Michael L. Ades, Anne A. Chesnut, Greenebaum Doll & McDonald PLLC, Lexington, KY, for Appellant.

William M. Lear, Jr., Steven B. Loy, Stoll, Keenon & Park, LLP, Lexington, KY, for Appellee.

Before BUCKINGHAM, DYCHE, and TAYLOR, Judges.

OPINION

DYCHE, Judge.

The parties to this appeal own adjoining tracts of real estate upon which Lexington Mall was developed in the 1970's. The mall prospered for several years but eventually fell upon hard times in the mid-1990's. The dispute herein centers upon the mutual covenants contained in the original agreement that the parties' predecessors in title entered into which permitted the development...

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