Sierra Oaks Madison v. Ralphs Grocery Co.
This dispute about expanding a commercial building within a shopping center calls upon us to construe a declaration of restrictions and grant of easements (the Declaration), recorded by the parties predecessors in interest to create covenants running with the land for the common benefit of the adjoining landowners whose separate parcels make up the shopping center.
Plaintiff Sierra Oaks Madison Limited Partnership appeals from a judgment of nonsuit in favor of defendants Ralphs Grocery Company (Ralphs) and Ralphss successors in interest -- Red Mountain Retail Group, Inc., Casa Blanco LLC, and 4080 Douglas Blvd. GB, LLC (collectively, Red Mountain). The trial court granted nonsuit following its decision in a bifurcated bench trial that (1) the Declaration expressly prohibits the proposed expansion, and (2) defendants failure to assert the dispositive clauses as a defense until they filed trial briefs did not preclude the court from considering the dispositive clauses. Plaintiff contends (1) the trial court erred in concluding the Declaration was not reasonably susceptible to the interpretation urged by plaintiff and initially unquestioned by defendants, and (2) rules governing judicial admissions and discovery responses preclude defendants from changing their position. Court shall affirm the judgment
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