Regency Commercial Associates v. Lopax

              NO. 4-06-0332 Filed 5/4/07
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
REGENCY COMMERCIAL ASSOCIATES, LLC, an ) Appeal from
Indiana Limited Liability Company, ) Circuit Court of
Plaintiff-Appellee, ) Champaign County
v. ) No. 05CH93
LOPAX, INC., a Delaware Corporation, )
Defendant-Appellant. ) Honorable
) Heidi Ladd,
) Judge Presiding.
_________________________________________________________________
JUSTICE KNECHT delivered the opinion of the court:
Due to its desire to lease land to Pictor Enterprises,
III, Inc. (Pictor), a company planning to open a Buffalo Wild
Wings restaurant, plaintiff, Regency Commercial Associates, Ltd.
(Regency), filed a complaint for declaratory judgment concerning
a restrictive covenant in a land sales contract in favor of
defendant, Lopax, Inc. (Lopax), on land previously sold to Lopax
by Regency's predecessor for use as a Kentucky Fried Chicken
(KFC) restaurant. Pursuant to Regency's motion for summary
judgment, the trial court determined the restriction covered
"fast[-]food" restaurants primarily serving chicken and also
found an evidentiary hearing would be necessary to determine if
Buffalo Wild Wings was a fast-food restaurant. Prior to the
evidentiary hearing, Lopax filed a motion for summary judgment
contending Regency entered into a lease with Pictor prior to
filing its complaint for declaratory judgment and was barred from