Bremmeyer Excavating, Inc. v. McKenna

This matter is before us on Bremmeyer Excavating, Inc.'s appeal from an order on summary judgment. That order dismissed Bremmeyer Excavating, Inc.'s complaint which alleged that a disputed contract to provide fill material was a covenant running with the land. We agree with the trial court and affirm.

On January 29, 1980, Bremmeyer Excavating, Inc., and Gerald Parks entered into a written agreement whereby Bremmeyer was to provide labor and materials to fill a parcel of property owned by Parks. Paragraph 7 of the agreement provided as follows:

Bremmeyer is hereby given the exclusive right, to…