Attorneys Erin Berry and Richard Mincer recently obtained summary judgment on behalf of a residential developer involved in a private road dispute. The lawsuit involved the extension of a road in a subdivision. The Complaint alleged breach of contract, promissory estoppel, unjust enrichment, and fraudulent misrepresentation based on plaintiffs’ belief that the road would not be extended and would remain a cul-de-sac.
The Wyoming state district court found that based on the covenants governing the subdivision and other recorded documents, it was clear that the road would be extended. Since the recorded documents all provided legal notice to plaintiffs that the road would be extended, there was no question of material fact and defendant was entitled to judgment as a matter of law. The Court granted summary judgment in favor of the defendant on all claims.