Pathland Development Corp. v. William Peccole 1982 Trust

OPINION

This is an appeal from an order granting summary judgment for respondent. For reasons stated below, we hold that summary judgment was improper and accordingly reverse and remand this case to the district court.

*679 FACTS

In 1992, respondent the William Peccole 1982 Trust, William Peccole, trustee (“Peccole”) entered into an agreement with Pacific Land Corporation (“Pacific”) to sell Pacific sixty-two acres of land in Clark County. At that time, the land was zoned for commercial use. The agreement provided that Peccole would assist Pacific in obtaining a zone change to residential use in…