CPI Phipps, LLC v. 100 Park Avenue Partners, L.P.

Adams, Judge.

The developer of luxury condominiums at Phipps Mall in Atlanta brought suit to enforce an alleged limitation on the use to which the owner of the remainder of the Phipps property could put its parcel. The limitation, found in an agreement between the parties, allegedly prohibits the owner of the mall and several other tracts from building a 250-room hotel and two 32-story residential towers on the site. The trial court entered summary judgment upholding the use limitation, and this appeal ensued. We hold that the relevant provision of the agreement is ambiguous but that, when…