Kunz v. Lobo Lodge, Inc.

SCHWARTZMAN, Judge.

Gregory W. Kunz/Pridemark Outdoor Advertising (Kunz) appeals from the district court’s grant of summary judgment to Lobo Lodge, Inc. (Lobo Lodge) and order awarding attorney fees. We affirm the granting of summary judgment, but reverse as to the order awarding fees,

I

FACTS AND PROCEDURE

In December of 1990, Lobo Lodge and Donrey Outdoor Advertising (Donrey) entered into two ten-year leases whereby Donrey leased two small parcels of land from Lobo Lodge for the purpose of maintaining two billboards. Section E of these leases provided that:

in the event Owner proposes the…