Hunter v. Whitacre-Greer Fireproofing Company

801 N.E.2d 469 (2003)

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Hunter v. Whitacre-Greer Fireproofing Company

Ohio Court of Appeals
801 N.E.2d 469 (2003)

Facts

John Whitacre and his business, Whitacre-Greer Fireproofing Company (collectively, Whitacre) (defendants) owned 2,000 acres of land in Ohio. In 1995, Whitacre granted Gully Ridge Hounds (plaintiff), the hunting club Whitacre was then a member of, the “non-exclusive right” to engage in fox hunting on the property. Gully Ridge Hounds broke up, and a new club formed that retained this profit à prendre in the club’s name. Meanwhile, Whitacre created a new club and granted that club the right to fox hunt on the land as well. Gully Ridge Hounds sued Whitacre, seeking an injunction prohibiting Whitacre and the new club from fox hunting on the land. Gully Ridge Hounds argued that the language in the grant was ambiguous; the parties intended for Gully Ridge Hounds to have the exclusive right to fox hunt on the property but included the word “non-exclusive” because easements for oil and gas extraction had already been granted. The trial court granted the injunction. It found that the grant was ambiguous and, after considering extrinsic evidence, concluded that Gully Ridge Hounds had an exclusive right to fox hunt on the property. Whitacre appealed.

Rule of Law

Issue

Holding and Reasoning (Dolliver, J.)

Concurrence (Waite, J.)

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