The Eighth Circuit has affirmed the summary judgment Greene Espel obtained for BP Products North America, Inc. in the District of Minnesota. The case involved a dispute between BP and a gas station owner who sued to escape a restrictive covenant that prohibited the operation of a non-BP gas station or convenience store on the property. The owner argued that it was unreasonable for BP to continue enforcing the restriction, after it had sold other gas station properties in the area to independent dealers. The district court granted summary judgment to BP, holding that the Petroleum Restriction was intended “to ensure that so long as BP supplies petroleum products to this area, and so long as the property is operated as a gas station, the property will be a BP-branded station.” In a unanimous opinion authored by Circuit Judge Gruender, the Eighth Circuit has now affirmed. Mark Johnson was one of the attorneys representing BP in this matter.


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