Muzzi v. Bel Air Mart
Defendant Bel Air Mart (Bel Air) is the anchor tenant in a shopping center owned by plaintiffs. After a dispute arose over Bel Airs use of common areas behind the store, plaintiffs filed suit for declaratory relief. The trial court found that Bel Air violated its lease by placing large seasonal storage containers in the centers parking spaces. However, the court also concluded that Bel Airs practice of keeping bread racks and similar items in parking spaces was permissible under lease provisions allowing the use of common areas for the loading and unloading of merchandise. Court agree with the trial court that the use of the refrigerated trailers in the loading dock was not at issue in this suit. However, we also conclude that the trial court erred in finding that Bel Airs storage of bread racks and other items in parking spaces was permissible under lease provisions that allow the loading and unloading of merchandise. Court reverse that part of the judgment, obviating the need to address plaintiffs other claims on appeal.
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