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RADIOSHACK CORP. v. CASCADE CROSSING II

No. S07Q0957.

653 S.E.2d 680 (2007)

RADIOSHACK CORPORATION v. CASCADE CROSSING II, LLC.

Supreme Court of Georgia.

Reconsideration Denied December 14, 2007.

Attorney(s) appearing for the Case

Bruce A. Taylor Jr., Burke A. Noble, Drew, Eckl & Farnham, LLP, Atlanta, for appellant.

David Leslie Pardue, Jill Rhodes Johnson, Hartman Simons Spielman & Wood, LLP, Atlanta, for appellee.

CARLEY, Justice.

Pursuant to a written commercial lease agreement executed in 1995, RadioShack Corporation leases space at a shopping mall owned by Cascade Crossing II, LLC. That agreement contains an exclusivity clause, which permits RadioShack either to reduce its rent payments or to terminate the agreement if Cascade leases space at the mall to another tenant for a business which is similar to RadioShack's. The lease agreement also authorizes the prevailing party...

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