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KROGER LTD. PARTNERSHIP I v. GUASTELLO

No. COA05-661.

628 S.E.2d 841 (2006)

KROGER LIMITED PARTNERSHIP I and Ralph Urban Development II, LLC, Plaintiffs v. Thomas GUASTELLO, Defendant.

Court of Appeals of North Carolina.

May 2, 2006.

Attorney(s) appearing for the Case

Womble Carlyle Sandridge & Rice, P.L.L.C., by Christopher T. Graebe and Sean E. Andrussier, Raleigh; Pendergrass Law Firm, P.L.L.C., by James K. Pendergrass, Raleigh, for plaintiff-appellee Kroger Limited Partnership I.

Herring McBennett Mills & Finkelstein, P.L.L.C., by Mark A. Finkelstein, Raleigh, for plaintiff-appellee Ralph Urban Development II, LLC.

Nicholls & Crampton, P.A., by W. Sidney Aldridge, Raleigh; Touma, Watson, Whaling, Coury & Castello, P.C., by S. Douglas Touma, Port Huron, MI, for defendant-appellant.

HUNTER, Judge.

Thomas Guastello ("defendant") appeals from an order of the trial court concluding that his commercial tenant, Kroger Limited Partnership I ("Kroger"), did not default on its lease when it demolished a garden shop on the site of the leased premises in order to erect a post office building. The trial court concluded defendant's consent to demolition of the garden shop was not required under the terms of the...

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