Clear and Unambiguous Easement Provisions Lead to Reversal

Casino Investment, Inc. v. Palm Springs Mile Associates, Ltd., 3D12-2257 (Fla. 3d DCA 2013):

Casino appealed a partial final summary judgment entered in favor of Palm Springs which permanently enjoined Casino from constructing a building on its own property. In 1993, Palm Springs created and recorded a Declaration of Easement covering their entire Shopping Center property. In 1999, Casino acquired title to a parcel contained within the Shopping Center. In 2007, Casino sought to construct a building on the north end of its property.

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