Court Summaries
| Publication year | 2012 |
| Pages | 50 |
P. Craig Silva Williams, Porter, Day & Neville P.C.
Ann Uhr White v. Shane Edeburn Construction, LLC et al.
No. S-11-0218,
September 7, 2012
This appeal involves issues of real property, lease, and breach of the covenant of good faith and fair dealing. Ms. White sold Lot 2 and Tract 12 in the TMR subdivision to Westland Holdings, Inc. (hereinafter "Westland"). Westland then leased the two parcels back to Ms. White. The lease had a fairly standard repair and maintenance provision which required Ms. White to maintain the premises in a clean, sanitary manner with no violations of law. The leasehold ran from 2010 until 2012. Westland sold the properties to Shane Edeburn Construction, LLC in 2010 (hereinafter "Edeburn Construction"). When Westland owned the properties, it allowed Ms. White to live in a camper on Lot 2. When Edeburn Construction took over the property, it told Ms. White that living in a camper, among other things, violated the maintenance provision of the lease. Ms. White refused to remedy any of the alleged lease violations and continued to reside on the property.
Edeburn Construction filed suit bringing a declaratory judgment action and an application for an injunction. Edeburn Construction sought interpretation of the lease and removal of Ms. White. Ms. White brought counterclaims alleging breach of the implied covenant of good faith and fair dealing and other claims arguing that Edeburn Construction's reasons for terminating the lease were pre-textual as an effort to remove her from the property. The district court found that, as a matter of law, Edeburn Construction's efforts to exercise its rights under the lease could not constitute a breach of the covenant of good faith and fair dealing because the covenant cannot be used to force parties to ignore explicit provisions in the contract. In addition, the district court found that Ms. White had breached the lease by failing to maintain the premises in a clean, sanitary manner, and by living in a camper in violation of local regulations.
Ms. White's argument on appeal was that Edeburn Construction was aware of the conditions of the property when it purchased the property, and as a result, its attempt to terminate the lease on the named grounds constituted bad faith. Edeburn Construction argued that knowledge of the conditions existing on the property at the time of purchase does not constitute acceptance of those conditions under the lease. The Wyoming Supreme Court held that the fact that Edeburn Construction had notice of the conditions existing on the property did not operate to incorporate those conditions into the terms of the lease. The language of the lease was unambiguous; consequently, the Court need not deviate from the four corners of that document. Edeburn Construction was simply exercising its contractual right, which is not sufficient to raise a claim for breach of the covenant of good faith and fair dealing.
James and Brenda Creel v. L&L, Inc. et al,
S-11-0138
September 14, 2012
This case provides a decision involving the Recreational Safety Act (hereinafter "Act"). James and Brenda Creel (hereinafter the "Creels") attended the 2006 Wyoming Open Golf Tournament. While watching the event, Mr. Creel was struck by a golf ball and suffered a head injury. The Creels filed suit against the operators of the golf course. The District Court granted summary judgment on the theory that the claim was barred by the Act. According to the District Court, getting hit by a golf ball is an inherent risk of golf barring the claim. The Wyoming Supreme Court reversed.
The Creels' son was participating in the tournament. The accident occurred when the Creels were on the green of hole number one. Mr. Veesart, a professional golfer participating in the tournament, was in the tee box for hole number one. Kathy Irvine, the s tarter, signaled Mr. Veesart to begin, despite the fact that the Creels were still on the green of whole number one. Mr. Veesart expressed his concern that he would or could reach the green from the tee box. Nevertheless, Ms. Irvine instructed Mr. Veesart to begin. Mr. Veesart then teed off hole number one. The tee shot struck Mr. Creel in the head, and he fell to the ground. Mr. Veesart failed to yell "fore."
In 2009, the Creels filed a complaint that solely named Mr. Veesart as a...
To continue reading
Request your trial