Birchfield v. Zen's Development, LLC (Signed Opinion)Annotate this Case
In this dispute over a party wall agreement between adjoining property owners the Supreme Court affirmed the judgment of the circuit court granting summary judgment to all three defendants on Plaintiff's breach of the party wall agreement claim and summary judgment for two defendants on Plaintiff's negligence claim, holding that the circuit court did not err.
Plaintiff owned a commercial building that shared a party wall with the adjacent property. Zen's Development, Uptown Properties, and Kenneth McBride, were the current or previous owners of the adjacent property. The circuit court granted summary judgment to all defendants on the breach of the party wall agreement claim and summary judgment to Uptown and McBride on the negligence claim. The Supreme Court affirmed, holding that Plaintiff was not entitled to relief on her claims of error.