Calhoun GA NG, LLC v. Century Bank
Court of Appeals of Georgia
1Opinion of the Court
Ray, Judge.
Century Bank of Georgia (the “Bank”) and Calhoun, GA NG, LLC (“Calhoun”) are owners of adjoining tracts of land in a shopping center located on Highway 53 in Calhoun. The parties agree that they are subject to the terms, easements, and restrictive covenants memorialized in an agreement executed and recorded by their predecessors-in-title. The Bank filed a petition for declaratory judgment in the Superior Court of Gordon County, seeking a ruling that the agreement did not prevent the Bank from constructing a convenience store and a gas fueling facility on its property. The Bank…
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