Erthal v. May

I agree with the majority that the trial court should not have granted summary judgment in favor of Plaintiffs, but I would reach this result on differing grounds. I would not find the restrictive covenants to be ambiguous; I would reverse and remand the case as I believe there is an issue of material fact regarding the defense of laches. I also would reverse the order granting Plaintiffs summary judgment on Defendants’ counterclaims since the record is unclear as to whether Defendants had an “adequate opportunity” to show that there was a genuine issue of fact. Thus, I write separately.

First,…