Pocono Summit Realty, LLC v. Ahmad Amer, LLC

52 A.3d 261, 2012 Pa. Super. 129, 2012 Pa. Super. LEXIS 1058
CourtSuperior Court of Pennsylvania
DecidedJune 22, 2012
StatusPublished
Cited by24 cases

This text of 52 A.3d 261 (Pocono Summit Realty, LLC v. Ahmad Amer, LLC) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pocono Summit Realty, LLC v. Ahmad Amer, LLC, 52 A.3d 261, 2012 Pa. Super. 129, 2012 Pa. Super. LEXIS 1058 (Pa. Ct. App. 2012).

Opinion

[263]*263OPINION BY

STEVENS, P.J.

This is an appeal from the Order of the Court of Common Pleas of Monroe County, which entered a declaratory judgment in favor of Defendant/Appellee Mt. Pocono Retail, LLC, formerly known as Ahmad Amer, LLC, (“Amer”)1 and against Plaintiffs/Appellants Pocono Summit Realty, LLC and Mt. Pocono Realty Partners, L.P. (“PSR”) on PSR’s action to quiet title and seek declaratory relief regarding the interpretation of a restrictive covenant encumbering real estate owned by PSR. Specifically, the court ruled that a restrictive covenant providing that no part of the real property in question may be used in the operation of a grocery store prohibited PSR from using the property as a parking lot and storm water control for a grocery store situated on an adjoining lot. By interpreting the clause “operation of a ... grocery store” to include such uses, PSR contends, the court contravened established precedent disfavoring restrictive covenants on the use of land and requiring courts to limit the reach of such covenants to their express terms. After careful review, we affirm.

The lower court’s Opinion of July 6, 2011 provides an apt factual and procedural history of the matter as follows:

Plaintiffs commenced this action by filing a Complaint on January 24, 2011, seeking a declaration interpreting Plaintiffs rights under a land use restriction encumbering Plaintiff Pocono Summit (“PSR”) property. Defendant filed an Answer to the Complaint with New Matter on February 16, 2011. Plaintiffs filed a Motion for Judgment on the Pleadings on March 18, 2011, and Defendant filed its response to Plaintiffs Motion on April 6, 2011. All parties have filed briefs and oral argument was heard before the Court on May 2, 2011.
Reviewing the record in the light most favorable to Defendant, the non-moving party, the relevant facts in this case follow. Plaintiff Pocono Summit Realty (“PSR”) currently owns approximately 12.35 acres of property located on Pocono Summit Road (State Route 940) in the Borough of Mount Pocono (hereinafter the “PSR Property”). Defendant [Amer] owns approximately 21.386 acres of property contiguous with, and adjacent to, the PSR property on Pocono Summit Road (SR 940) in Mount Pocono (hereinafter the “Amer Property”).
The PSR Property and Amer Property were formerly one parcel owned by Montovision Realty, Inc. The large parcel was subdivided to create what are now known as the PSR property and the Amer Property pursuant to a “Minor Subdivision of Lands” plan recorded on August 25, 1989 in Map Book 61, Page 347.[ ] The subdivision plan designates the Amer Property as Lot 1 and the PSR Property as Lot 2.
On August 30, 1989, Montovision Realty, Inc. conveyed the Amer Property to Mount Pocono Retail Associates, L.P., Defendant’s predecessor in title. At the time of such conveyance, Montovision recorded a “Declaration of Covenants” dated August 30, 1989 and recorded in Book 1698, Page 1798. The Declaration contains several restrictive covenants including the following restriction (the “Restriction”):
1. No part of Lot 2 will be used for the operation of a discount department store (e.g., such as a K Mart, [264]*264Ames or a Jamesway) or grocery store.
2. The foregoing restriction shall continue for the maximum period permitted under Pennsylvania law unless, prior to the expiration of such period, the Owner of Lot 1 agrees in writing to the termination of such restriction.
3. The restriction contained herein is a covenant running with the land.
On June 3, 1998, Defendant acquired title to the Amer Property from Mount Pocono Retail Associates, L.P. by deed dated June 3, 1998, and recorded on June 9, 1998 in Book 0249, Page 2608. The Amer Property is developed with a shopping center. On January 11, 2006, Defendant agreed to modify the Restriction to clarify that a Convenience Store is not a “grocery store” as referred to in the Restriction and is not prohibited on the PSR Property.
On September 20, 2006, PSR acquired the PSR Property from Six Eleven Development Corp., by deed dated September 20, 2006 and recorded on October 31, 2006 in the Monroe County Recorder of Deeds Office, Book 2286, Page 553. PSR intends to develop the PSR Property with a shopping center comprised of a series of retail stores and an affiliated parking lot. On September 29, 2006, PSR entered into a Ground Lease with Plaintiff Mount Pocono Realty Partners (“MPRP”), whereby MPRP agreed to lease the PSR Property from PSR for a period of twenty years under and subject to the Restriction. PSR and MPRP are also the equitable owners of a 1.377 acre parcel of property, formerly Lot 211 on plat of lots “The Fells” Cool-baugh Township, adjoining the PSR Property (hereinafter “Adjoining Property”). MPRP acquired said property by Agreement of Sale dated December 7, 2010, and recorded in Book 2381, Page 3156.
PSR and MPRP seek to develop the Adjoining Property with a supermarket or grocery store. The Adjoining Property is not encumbered by the Restriction and the proposed supermarket will be located entirely on the Adjoining Property. However, as part of the development of the proposed supermarket, PSR and MPRP intend to enter into a “shared parking” agreement whereby PSR and MPRP may use a portion of the parking lot on the PSR Propety to satisfy the parking requirements for the development of the proposed supermarket. PSR and MPRP also anticipate that all or a portion of the utilities and storm water management facilities servicing the proposed supermarket may be located on the PSR Property.
Defendant [Amer] contends that the use of any portion of the PSR Property to satisfy any parking requirements of a grocery store or to provide any utilities and/or storm water management facilities for a grocery store is prohibited under the Declaration. PSR and MPRP, collectively, support the position that such use would not violate the Restriction.
Plaintiffs filed a Complaint for (1) quiet title and (2) a declaratory judgment, seeking a declaration that then' proposed use of the PSR Property would not constitute a violation of the Restriction. Plaintiffs then filed [a] Motion for Judgment on the Pleadings arguing that the plain language of the Restriction does not restrict or prevent the proposed use of the PSR Property. As such, Plaintiffs arguefd] they [were] entitled to judgment on the pleadings because the parties admitted] the existence of a dispute regarding the interpretation of the Restriction. [The court, however, concluded that the proposed [265]*265use violated the Restriction, as the proposed parking lot was a requisite part of the operation of the grocery store in question.]

Lower Court Opinion dated 7/6/11 at 1-6.

On the same day, the court filed an order entering judgment in favor of Appel-lee/Defendant Mt. Pocono Retail, LLC, formerly known as Ahmad Amer, LLC, and against Appellants/Plaintiffs Pocono Summit Realty, LLC and Mt. Pocono Realty Partners, L.P. The court further ordered that a declaratory judgment was entered ordering that the PSR Property shall not be used to fulfill parking and/or utility requirements for the operation of a grocery store located on adjoining property consistent with the Restriction.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mark Shillington, LP v. Price Chopper
Superior Court of Pennsylvania, 2025
Tractman, L. v. Conner, J.
Superior Court of Pennsylvania, 2025
Pagnoni, J. v. Edgmont Township
Superior Court of Pennsylvania, 2024
Liotta, C. v. Hawkins, R.
Superior Court of Pennsylvania, 2024
Ruffed Grouse Ridge Owners' Association v. C. Hura
Commonwealth Court of Pennsylvania, 2024
Gourmet's Delight Mushrooms, LP v. Keating, P.
Superior Court of Pennsylvania, 2022
Allure Hair Designs v. George, J.
Superior Court of Pennsylvania, 2021
Grodack, C. v. Ariel Land Owners, Inc.
Superior Court of Pennsylvania, 2019
Koutroulelis, E. v. Chelentis, M.
Superior Court of Pennsylvania, 2019
In The Matter of Bush, G., Appeal of: Bush, M.
Superior Court of Pennsylvania, 2019
Campayno, D. v. Auto-Owners Insurance
Superior Court of Pennsylvania, 2017
Zawrotny, M. v. Clark, R.
Superior Court of Pennsylvania, 2017
McLafferty v. Council for the Ass'n of Owners of Condominium No. One, Inc.
148 A.3d 802 (Superior Court of Pennsylvania, 2016)
Quinn, Buseck, Leemhuis v. Cooper, J.
Superior Court of Pennsylvania, 2016
First Liberty Ins. Corp. v. Coll, M.
Superior Court of Pennsylvania, 2015
Sisson, D. & M. v. Stanley, J.
109 A.3d 265 (Superior Court of Pennsylvania, 2015)
McWreath v. Range Resources-Appalachia, LLC
81 F. Supp. 3d 448 (W.D. Pennsylvania, 2015)
Berkshire Commons III v. Berks Oral Surgery
Superior Court of Pennsylvania, 2014
Erie Insurance Group v. Catania
95 A.3d 320 (Superior Court of Pennsylvania, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
52 A.3d 261, 2012 Pa. Super. 129, 2012 Pa. Super. LEXIS 1058, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pocono-summit-realty-llc-v-ahmad-amer-llc-pasuperct-2012.