Regency Commercial Associates, LLC v. Lopax, Inc.

Due to its desire to lease land to Pictor Enterprises, III, Inc. (Pic-tor), a company planning to open a Buffalo Wild Wings restaurant, plaintiff, Regency Commercial Associates (Regency), filed a complaint for declaratory judgment concerning a restrictive covenant in a land sales contract in favor of defendant, Lopax, Inc. (Lopax), on land previously sold to Lopax by Regency’s predecessor for use as a Kentucky Fried Chicken (KFC) restaurant. Pursuant to Regency’s motion for summary judgment, the trial court determined the restriction covered “fast[-]food” restaurants primarily serving chicken…