Augusta Mall Partnership “Augusta Mall” sued Hipster, Inc., d/b/a Hipster, a mall tenant, seeking an interlocutory injunction requiring Hipster to relocate to another space within the premises pursuant to the parties’ lease agreement. The trial court granted the interlocutory injunction, and Hipster appeals, challenging the order issuing the injunction. For reasons that follow, we reverse. In September 2005, Hipster, a clothing store, executed a lease agreement with Augusta Mall. Article 9 of the lease, entitled “Additional Construction,” provides that Augusta Mall reserves the right at any time to make alterations or additions to, subdivide, change the building dimensions and storefront lines, build additional stories on the building in which the Leased Premises are contained or on any other building or buildings in the Shopping Center and to build adjoining the Shopping Center. Augusta Mall also reserves the right at any time to construct other buildings, structures, or improvements . . . Augusta Mall may elect to relocate Hipster to another location in the Shopping Center at Augusta Mall’s expense .1 In June 2007, Augusta Mall sued Hipster, alleging that “Hipster’s wrongful refusal to relocate to another space within the premises after receipt of proper notice by Augusta Mall Partnership is a direct and ongoing violation of the terms of the lease agreement.” Augusta Mall sought damages, a writ of possession, and an injunction.
At the hearing on the injunction, the only evidence admitted was a copy of the parties’ lease agreement.2 After considering the argument of counsel and the lease, the trial court entered an order granting Augusta Mall’s motion for an interlocutory injunction, stating that it appearing to the Court that Plaintiff, Augusta Mall Partnership, gave notice to Defendant Hipster, Inc. to relocate pursuant to Article 9 of the Lease Agreement between Plaintiff and Defendant . . . which this Court finds to be an enforceable provision, it is hereby ORDERED that Defendant immediately vacate the space it currently occupies space 1424 at the Augusta Mall and relocate, pursuant to Article 9 of the Lease Agreement, to space 1010 under the terms contained in the “New Lease Proposal” . . . until such time as a trial on the merits is held.3 1. Hipster contends that the trial court erred in granting an interlocutory injunction to Augusta Mall. We agree.
