2301 Congress Realty, LLC v. Wise Bus. Forms, Inc.Annotate this Case
From 2002 to 2012, Defendant leased from Plaintiff business premises located in Portland. In 2012, Plaintiff filed a complaint alleging that Defendant had breached certain provisions in the written lease. Defendant counterclaimed, alleging that Plaintiff had failed to perform certain repairs required by the lease. The parties went to mediation on their dispute and reached a settlement agreement through that mediation. Defendant later moved to amend its original counterclaim to add a second count for breach of the settlement agreement. The superior court concluded that the counterclaim seeking to enforce the settlement was moot because Plaintiff signed an agreement reflecting all of the terms of the settlement reached through mediation. The Supreme Court affirmed, holding that because Plaintiff executed a general release that complied with the agreement reached through mediation, the superior court correctly determined that Defendant’s motion for summary judgment on its counterclaim seeking to enforce the settlement agreement was moot.