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Property Keyed to French
Davidson Bros., Inc. v. D. Katz & Sons, Inc.
Citation:643 A.2d 642 (N.J. Super. Ct. App. Div. 1994)
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The plaintiff, Davidson, operated a number of supermarkets in New Jersey. In 1952, Davidson opened a supermarket on George Street in downtown New Brunswick. In June 1978, Davidson took over an existing supermarket two miles from the George Street store. Davidson closed the George Street store in February 1979 after sales decreased. In September of 1980, Davidson sold the George Street property to D. Katz, a rug merchant. Davidson included in the deed a covenant prohibiting use of the property as a supermarket for forty years following the sale. Closing the George Street supermarket created a hardship for downtown New Brunswick residents, and in response the New Brunswick Housing Authority acquired the property. The New Brunswick Housing Authority then leased the property to the defendant, C-Town, to operate a supermarket. Davidson sued.
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