McElroy Coal Company vs. Gary L. Dobbs
Case Number:
18-0134
Case Date:
04-09-2019
Case Information:
Petitioners appeal the circuit court’s award of partial summary judgment to respondent on his claims that his right to exercise an 1976 option agreement, for right of first refusal to purchase the property at issue, was triggered when petitioners entered into a 2007 option and waiver agreement related to the same property. Petitioners argue that the circuit court erred in finding that the 1976 option agreement was not appurtenant to parcel of land at issue. Alternatively, petitioners argue that the waiver agreement executed between petitioners did not trigger respondent’s exercise of the 1976 option. Further, Petitioner argues the circuit court erred in denying petitioners’ motion for summary judgment as to respondent’s claims for slander of title, tortious interference, civil conspiracy, and wrongful possession.