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Eastside Gardens of Snellville LLC v. Sims

The trial court properly ruled that the grantee of a right of first refusal to buy the plaintiff's property had only one opportunity to exercise that right with regard to a third party's written offer to purchase the property.

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James C. Sims entered a Right of First Refusal Agreement the “Agreement” with Eastside Gardens of Snellville, Inc. “Eastside” pertaining to a parcel of land that he owns the “property”. The property is adjacent to an assisted living center owned by Eastside.1 This case arises out of a declaratory action that Sims filed because of Eastside and Racetrac Petroleum, Inc.’s “Racetrac” dispute over the appropriate construction of the Agreement. The trial court determined that Racetrac was entitled to consummate its purchase of the property. We affirm.

“In reviewing a grant or denial of summary judgment, this Court conducts a de novo review of the evidence.”2 To prevail at summary judgment under OCGA § 9-11-56 c, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmovant, warrant judgment as a matter of law.3

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