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CARR-GOTTSTEIN FOODS CO. v. WASILLA, LLC

No. S-12010.

182 P.3d 1131 (2008)

CARR-GOTTSTEIN FOODS CO. and Safeway, Inc., Appellants, v. WASILLA, LLC, d/b/a Wasilla Shopping Center, LLC, Appellee.

Supreme Court of Alaska.

May 16, 2008.

Attorney(s) appearing for the Case

James N. Reeves and Michael A. Grisham, Dorsey & Whitney LLP, Anchorage, for Appellants.

Jeffrey M. Feldman and Susan Orlansky, Feldman Orlansky & Sanders, Anchorage, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, and CARPENETI, Justices.

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Approximately six years after a supermarket relocated a stand-alone liquor store to the supermarket's premises, the supermarket's landlord claimed that the move constituted a breach of the supermarket's lease. The superior court agreed. We reverse because the landlord's lengthy silence and other acts constituted a waiver of its right to insist on strict performance of the lease with respect...

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