Malcom Carter Enterprises v. Microsemi Real Estate
Plaintiff sought a declaration that defendants option to purchase some real property had terminated. The parties written agreement provided the option would terminate 90 days after plaintiff obtained a letter stating no further action was required to remediate environmental conditions on the Property as set forth in certain documents. Plaintiff contended it triggered the 90-day expiration period by obtaining a letter addressing the only significant environmental condition set forth in those documents: the possible migration of groundwater contamination from an adjacent property. The judgment is reversed, and the matter is remanded to the trial court with directions to enter a new order denying defendants motion for summary judgment.
Comments on Malcom Carter Enterprises v. Microsemi Real Estate