Milwaukee gas station deed case going to trial

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A dispute stemming from a deed restriction on a Milwaukee gas station will go to trial Dec. 2, 2013.

The federal trial is expected to last two to three days, according to court documents, and will be heard by Judge Rudolph Randa.

Mt. Everest Real Estate Holding Co. LLC, Johnson Creek, bought the gas station at 1301-1303 West Morgan Ave. through a foreclosure sale in 2010. The station’s deed came with a restriction requiring any owner to sell only Marathon-branded petroleum products.

Findlay, Ohio-based Marathon Petroleum Co. LLC sued Mt. Everest and its owner, Ramkrishna Subedi, in August. Marathon claims Subedi is violating the deed restriction by branding the gas station as “Himalayan” or “Hico.”

In his response to Marathon’s claim, Subedi asserts he wanted to buy petroleum products directly from Marathon rather than going through a third-party supplier and grew frustrated when Marathon did not cooperate. According to court documents, Subedi claims Marathon nullified the deed restriction when it refused to sell directly to him.