Sofran Peachtree City, LLC v. Peachtree City Holdings, LLC

Johnson, Presiding Judge.

In 1995, Sofran Peachtree City, LLC bought from Peachtree City Holdings, LLC real property that was subject to a 20-year no-building restriction. In 1999, Sofran filed a declaratory judgment action against Peachtree City Holdings (PCH), seeking a determination of the parties’ rights under the no-building restriction. PCH filed a counterclaim which included, among other things, a claim for a contractual right to recover expenses of litigation.

The parties filed opposing motions for summary judgment. PCH’s summary judgment motion included a specific request to recover…