Developers Management Associates, Inc. v. Eagle Creek Holdings, Inc.

QUINCE, Judge.

This is an appeal from a final summary judgment holding an option invalid because it was an unreasonable restraint on alienation. Because a material issue of fact exists with respect to the ability of the optionor to control when the option must be exercised, we reverse.

The Eagle Creek Project consists of a golf course, residential real estate, and other real property. Appellant, Developers Management Associates, Inc. (DMCo), is a corporation formed to manage Eagle Creek. Appel-lee, Eagle Creek Holdings, is a corporation formed by a group of investors, organized and headed by…