Main Street Holding Inc. v. Omsiv Inc.

WILSON, J.,

FOR THE COURT:

¶ 1. Main Street Holding Inc. owned a 5.4-acre tract of land on 1-55 in Byram. Main Street sold the rear 1.8 acres to Omsiv Inc., which intended to build a Holiday Inn Express. As part of the transaction, Main Street also agreed to establish a thirty-foot-wide mutual easement for a shared driveway. The easement bisected Main Street’s remaining 3.6 acres and provided access to the frontage road from Omsiv’s property. The parties agreed to share the construction cost of the driveway on a pro rata basis.

¶2. Omsiv’s owner, Minal Patel, subsequently realized that the…