Butler Family Ltd. Partnership v. Butler Bros., LLC

This appeal involves a dispute over a restrictive covenant in a lease agreement between defendant and plaintiffs predecessor-in-interest. According to defendant, that covenant unambiguously restricts mining operations on plaintiffs property; whereas, according to plaintiff, the covenant unambiguously does not bind plaintiffs parcels. Both parties moved for summary judgment on that question, and the trial court ruled in plaintiffs favor, concluding that the land transferred to plaintiff was never subject to the restrictive covenant. Defendant now appeals the resulting judgment, assigning error…