Thomas C. Riney, Senior Counsel at the Underwood Law Firm in Amarillo, Texas recently obtained a unanimous defense verdict after a four-day jury trial in a lawsuit against the owner of a strip shopping center for alleged breach of a restrictive covenants.
The plaintiff alleged that a restrictive covenant applied to the lot where a multi-million dollar strip shopping center was constructed and operated and sought damages, injunctive relief, and attorneys’ fees. If the restrictive covenants applied and were enforced by injunction, it would have effectively shut down the shopping center. The jury found that the developer of the area never intended for the restrictive covenants to apply to the commercial lot. The case was Cause No. 79349B in the 181st District Court, Randall County, Texas; Mike Fisher v. Plaza Amarillo, LLC, Step Values, LLC dba Dunkin’ Donuts, and Edit Clean, LLC dba Tide Dry Cleaners.