Casino Investment, Inc. v. Palm Springs Mile Associates, Ltd.

Casino Investment, Inc. (“Casino”) appeals from a partial final summary judgment entered in favor of Palm Springs Mile Associates, Ltd. (“Palm Springs”), which permanently enjoined Casino from constructing a building on its own property. Because we hold that the trial court erred in determining that Casino’s proposed construction was barred under the Declaration of Easement as a matter of law, we reverse.

I. FACTUAL AND PROCEDURAL HISTORY

Palm Springs is the owner of the Palm Springs Mile Shopping Center (“Shopping Center”). On or about April 16, 1993, Palm Springs created and recorded a…