A Washington state appeals court has found that Bellevue Square cannot force 365 by Whole Foods, which is now owned by Amazon, to remain open. This was first reported by PSBJ.
In October 2017, 365 by Whole Foods closed after 13 months of occupancy at Bellevue Square due to poor sales, even though the lease was signed through 2035. Since the closing, Bellevue Square has sued Whole Foods with hopes of enforcing the lease, which requires 10 years of business without interruption.
The court on Monday found that 365 by Whole Foods must pay rent, as well as other payments or losses, but is not required to occupy the space to fulfill the lease agreement.