Brust v. McDONALD'S CORPORATION

The defendants, McDonald's Corporation and James Watters, appeal a judgment, rendered after a nonjury trial, which granted two easements across certain property leased by the McDonald's Corporation from the plaintiffs, William P. Brust and E. A. Thacker. Two issues are presented:

1. Whether the trial court erred by admitting and considering parol evidence to construe the written lease and amendment to lease.

2. Whether the trial court erred in refusing to grant equitable relief on the basis of equitable estoppel or laches.

Brust and Thacker (hereinafter collectively referred to as Brust) are the…