NPC Offices, LLC v. Kowaleski

Summary

The court held that the easement agreement's term "professional offices" is ambiguous because it reasonably supports both a narrow and a broader interpretation. Applying the broader ordinary meaning and construing the ambiguity in favor of the easement's grantee, the court concluded that the prior mortgage brokerage, home health-care agency, and appliance delivery coordination service did not terminate the easement. The court reversed and remanded for a new trial addressing the remaining claims, defenses, counterclaims, and the easement's boundaries.