McCarthy Holdings L.L.C. v. Burgher

McCarthy Holdings filed a complaint against Vincent Burgher, seeking a declaratory judgment concerning an easement agreement. McCarthy, the owner of the dominant estate, sought a declaration that it had the right, as a matter of law, to bar Burgher, the owner of the servient estate, from any use of the easement. The circuit court found that the easement agreement was unambiguous and that it did not bar Burgher from reasonable use of the easement area. McCarthy appealed, arguing that the circuit court erred in construing the easement agreement. The Supreme Court affirmed, holding (1) the circuit court did not err in denying McCarthy's request to bar Burgher, as a matter of law, from any use of the easement area based upon the easement agreement; and (2) the circuit court did not improperly consider parol evidence in interpreting the easement agreement.