Restrictive Covenants – Is the Intent of the Parties Clear?
By Kluger, Kaplan, Silverman, Katzen & Levine, P.L. December 17, 2012
By Steve Silverman and Marilyn Kohn In August, Kluger Kaplan obtained a major victory for Dollar Tree against Winn Dixie. The case dealt with numerous, complex legal issues relating to restrictive covenants, but one particularly interesting facet dealt with ascertaining the intent of the restrictive covenants incorporated into leases that …