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TIPPECANOE ASSOC. II, LLC v. KIMCO LAFAYETTE 671, INC.

No. 79S05-0506-CV-289.

829 N.E.2d 512 (2005)

TIPPECANOE ASSOCIATES II, LLC, Appellant (Defendant below), v. KIMCO LAFAYETTE 671, INC., Appellee (Plaintiff below).

Supreme Court of Indiana.

June 23, 2005.

Attorney(s) appearing for the Case

Charles R. Vaughan, Linda H. Havel, Lafayette, for Appellant.

Stephen R. Pennell, William P. Kealey, Lafayette, for Appellee.

BOEHM, Justice.

We hold that a covenant given by a shopping center to a tenant prohibiting the center from leasing to competitors of the tenant is generally enforceable. However, once the tenant or its successor voluntarily relinquishes the original use of the site, the anticompetitive covenant is severed from the occupancy and no longer enforceable to give the tenant or an assignee the right to restrict competition for...

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