Legal Opinion

North Bay Avalon, Lllp v. Speedway, LLC

Court of Appeals of Georgia

Decided March 9, 2017No. A16A1788Published

1Opinion of the Court

McFADDEN, Presiding Judge.

This case involves the enforceability of restrictive covenants in a deed. The trial court ruled that the restrictive covenants run with the land and bind appellant North Bay Avalon, LLLP as successor in title to the original grantee, and that the benefits of the restrictive covenants are held in gross, so that they are enforceable by appellee Speedway, LLC, the grantor, even though Speedway no longer owns an interest in the property or nearby property. We conclude that the covenants are enforceable in equity, regardless of whether or not the burdens and benefits of…

2Cases cited6 opinions

  1. Barton v. AtkinsonSupreme Court of Georgia · 1972
  2. Barton v. GammellCourt of Appeals of Georgia · 1977
  3. Timberstone Homeowner's Ass'n v. SummerlinSupreme Court of Georgia · 1996
  4. Smith v. Gulf Refining Co.Supreme Court of Georgia · 1926
  5. Godley Park Homeowners Ass'n v. BowenCourt of Appeals of Georgia · 2007

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