NPC Offices, LLC v. Kowaleski

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The predecessors of Plaintiff and Defendants entered into a right-of-way agreement that created an express easement for the benefit of property owned by Plaintiff over a driveway located on the property owned by Defendants. Plaintiff commenced this action asserting a quiet title claim and a claim seeking an injunction restoring Plaintiff’s rights under the agreement. Defendants raised special defenses, asserting that Plaintiff’s property had been used for purposes other than “professional offices or residential uses” in violation of the terms of the agreement. The trial court entered judgment for Defendants, concluding that the easement was in effect until Plaintiff’s property was used by a mortgage brokerage, a home health-care agency, and an appliance delivery coordination service, which tenancies terminated the agreement. The Appellate Court affirmed. The Supreme Court reversed, holding (1) the Appellate Court improperly concluded that the term “professional offices,” as used in the agreement, was plain an unambiguous; and (2) using the broader definition of the term “professional” indicates that the agreement did not preclude offices of the type that had been previously operated out of Plaintiff’s property. Remanded. View "NPC Offices, LLC v. Kowaleski" on Justia Law