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CML-GA SMYRNA, LLC v. ATLANTA REAL ESTATE

No. S13A1475.

756 S.E.2d 504 (2014)

294 Ga. 787

CML-GA SMYRNA, LLC v. ATLANTA REAL ESTATE INVESTMENTS, LLC, et al.

Supreme Court of Georgia.

March 17, 2014.

Attorney(s) appearing for the Case

Anthony O.L. Powell , Webb Tanner Powell Mertz & Wilson LLP, Lawrenceville, for appellant.

Michael Anthony Dunn , James Bates Brannan Grover LLP, Atlanta, for appellee.

Kevin L. Ward , James J. Zachary Zimmerman , Schulten, Ward & Turner, LLP, Atlanta, Arun Mehta, Duluth, for other party.

HINES, Presiding Justice.

Premier Petroleum, Inc. appeals the confirmation of the sale of a gas station held in receivership, entered after the superior court determined that a restrictive covenant Premier signed with a third party to encumber the property was unenforceable. For the reasons that follow, we affirm.

Arun Mehta, on behalf of Atlanta Real Estate Investments ("AREI") obtained a loan from Haven Trust Bank, predecessor-in-interest of CML-GA Smyrna...

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