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Real Property — Restrictive Covenants – Competitive Store – Parking Lot

Charlotte Pavilion Road Retail Investment, L.L.C. v. North Carolina CVS Pharmacy, LLC (Lawyers Weekly No. 14-07-1163, 10 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court (Linwood Foust, J.) N.C. App.

Holding: Although the restrictive covenant on the land next to a pharmacy prohibits the building of a competitive store, the land may be used as a parking lot for a competitor.

We affirm summary judgment for the plaintiff-developers.


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