There’s no denying that the concept of a supermarket is becoming fuzzier by the day, thanks to the likes of the Wal-Marts and Targets of the world. How about a box of Archer Farms Macadamia Walnut Chip cookies with that AC/DC retro T-shirt? Biggest is best during these economically troubling times, and retailers with a penchant for specializing in generalizing are prevailing. Even the baby and pet stores are getting into the act, tempting the nation’s hungry parents and dog owners with point of purchase candy bars and other savory treats. One wonders whether Henry Ford’s disdain for variety would be an advantage right about now, when the company that bears his namesake has succumbed to the pressures of unprofitable diversification, in the spirit of competition. I’m no economist though, as my point probably illustrates, and would rather discuss commercial leasing and intent.

Our Superior Court recently heard an appeal, implicating the expansion of a couple of these monolithic mega-stores. Close to 20 years ago already, a pure and untainted commercial lease came into existence. The Silver Springs Shopping Center in Cumberland County had the good fortune of acquiring an anchor tenant, a Giant grocery store. The commitment was 20 years, an awfully long stint of feeding the bellies of the locals. Naturally, such a valuable tenant held the cards when it came to insulating itself from competition. So its shrewd counsel negotiated in a “Supermarket Restriction,” or what amounted to a non-compete clause, according to the opinion in Giant Food Stores v. THF Silver Spring Development .

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