Real property – Parking lot – Shopping center

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Where the plaintiff tenants of the Arsenal Mall shopping center have brought suit over the defendant home improvement store’s improvements to and activities in the parking lot, the defendant must be permanently enjoined from (1) conducting outdoor sales in the parking lot and loading dock area, (2) parking rental trucks and vans in the parking lot and (3) storing plant racks and trailers in the parking lot.

The defendant is entitled to summary judgment with respect to the installation of a concrete rumble strip, the removal of traffic islands and the replacement of them with narrower concrete pavers, the construction of a vestibule and the placement of “cart corrals” in the parking lot and the use of a dumpster in the East Service Area.

            BP Watertown Retail, LLC, et al. v. Home Depot U.S.A., Inc., et al. (Lawyers Weekly No. 14-008-16) (28 pages) (Speicher, J.) (Middlesex Land Court) (Docket No. 15 MISC 000214) (Feb. 9, 2016).

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