United States Eighth Circuit

District court's grant of defendant's motion for summary judgment in a real estate contract case involving a restrictive covenant preventing the sale of any non-BP petroleum products on the property, is affirmed where: 1) district court did not err in considering the real estate contract and the Petroleum Restriction together as the Petroleum restriction is part of the real estate contract to be read as a whole; 2) district court did not err in enforcing the covenant as it continued to benefit BP and the changed circumstances in BP's plans did not defeat the purpose of the restriction; 3) the premise that successors are not bound because the restrictions do not run with the land is rejected.

Appellate Information

• Decided 08/27/2009
• Published 08/27/2009

Judges

• GRUENDER, Circuit Judge., Before MURPHY, ARNOLD and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Randy V. Thompson, argued, St. Paul, MN, for appellant.


• For Appellees:
  
• Sarah L. Brew, argued, Mark L. Johnson, on the brief, Minneapolis, MN, for appellee.