Beeter v. Sawyer Disposal LLC

SANDSTROM, Justice.

[¶ 1] Sawyer Disposal, LLC, appeals from a district court summary judgment awarding damages to Brian Beeter, Dennis Beeter, and Larry Beeter for violation of a deed covenant providing for payment to the Beeters of a portion of waste disposal fees generated upon certain property. We reverse and remand, concluding the covenant did not run with the land and the district court erred in concluding the covenant was binding upon subsequent purchasers of the property.

I

[¶ 2] In 1990, the Beeters and Municipal Services Corporation entered into an “Option to Purchase Real Estate”…