Clarke County Development Corp. v. Affinity Gaming, LLC

COLLOTON, Circuit Judge.

Clarke County Development Corporation (“CCDC”) sued Affinity Gaming, LLC, and its subsidiary, HGI-Lakeside, LLC, (collectively, “Affinity”) to enforce a memorandum of understanding that was signed after a mediation. The district court concluded that no contract existed as a matter of law, because the negotiating parties did not intend the memorandum to be a binding contract, and because approval by the boards of directors of each party was a condition precedent that delayed enforceability of any agreement. The court thus granted summary judgment for Affinity. We…