Fitness Classes Violated Permitted Use for Batting Cage Space

Fitness Classes Violated Permitted Use for Batting Cage Space



Facts: A shopping center owner sued its tenant for violating the permitted-use provision of its lease, which allowed it to operate a batting cage and hold agility classes for team sports. Specifically, the tenant had been offering strength-and-conditioning classes, fitness-training classes, dance classes, and rowing machines on the premises. (Another tenant in the mall operated a gym and its lease limited the activities of other tenants offering sports and exercise services.)

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