Plaintiff-office tower owner and defendant-hotel owner share the use of an outdoor plaza subject to a cross-easement agreement.
Plaintiff undertook a significant project to replace the waterproofing of the outdoor plaza, which resulted in the replacement of all of the pavers, as well as significant repairs to fountains and other features. Plaintiff sought reimbursement for the costs incurred under the cross-easement agreement, which required defendant to contribute 23 percent of the reasonable and ordinary expenses incurred for the operation, maintenance and repair of the outdoor plaza.
Defendant contended that the expenses were not “ordinary” because of the scope of the project, and were not expenses because they should have been treated as “capital items.” After a one-week trial, the jury returned a verdict in favor of the plaintiff in the full amount sought.
Type of action: Breach of easement agreement
Case name: CK-Southern Associates v. Charlotte N.C. Hotel Corporation
Case number: 09 CVS 347
Court: Mecklenburg County Superior Court
Judge: Hon. Yvonne Mims Evans
Verdict or settlement: Jury verdict
Date: Aug. 23, 2010
Experts: Jeffrey S. Miller, Sutton Kennerly Associates (Charlotte)
Were liability and/or damages contested? Yes
Was the opposing party represented by legal counsel? Yes
Has the plaintiff been successful in actually collecting the judgment? No. Currently on appeal.
Plaintiff’s attorney: Michael G. Adams and Jami J. Farris, both of Parker Poe Adams & Bernstein (Charlotte)
Editor’s note: The information in Lawyers Weekly’s verdicts and settlements reports was submitted by the counsel for the prevailing party and represents the attorney’s characterization of the case.