Cml-Ga Smyrna, LLC v. Atlanta Real Estate Investments, LLC

HINES, Presiding Justice.

Premier Petroleum, Inc. appeals the confirmation of the sale of a gas station held in receivership, entered after the superior court determined that a restrictive covenant Premier signed with a third party to encumber the property was unenforceable. For the reasons that follow, we affirm.

Arun Mehta, on behalf of Atlanta Real Estate Investments (“AREI”), obtained a loan from Haven Trust Bank, predecessor-in-interest of CML-GA Smyrna, LLC (“CML-GA”), to operate a gas station, and CML-GA obtained a first priority security interest in AREI’s gas station property. After…